Full text of "A Text Book Of Masonic Jurisprudence - A G Mackey"

See other formats

A TEXT BOOK

MASONIC JURISPRUDENCE;

ILLUSTRATING THE

WRITTEN AND UNWRITTEN LAAVS

FREEMASONRY

ALBERT G. MAC KEY, M. I).,

AUTHOR OF A " LEXICON OF FREEMASONRY," " BOOK OF THE CHAPTER," ETC.

"1 have applied myself, not to that which might seem moat for the osten-
tation of mine own wit or knowledge, but to that which may yield most iwc
and profit to the student. "—Lord Bacon

Qjencuti) (Simian.

NEW YORK:
CLARK & MAYNARD, PUBLISHERS,
No. 5 BARCLAY STREET.
1872.

*\0

Karcrco accorumg to act or Congress, m the year 1869, V
ALBERT G. MACKEY,
In ihe Cbrk's office c tho District Court or the United States, lor the District

or South Carolina,

TO THE

HON. JOHN L. LEWIS, Jr.,

GRAND MASTER OP MASONS OP NEW YORK,

% .§mtm m m&,

AS TO ONE

WHOSE LEGAL AND MASONIC ATTAINMENTS WILL ENABLE HIM
TO CRITICALLY JUDGE OF ITS MERITS,

AND

WHOSE KINDNESS OP HEART WILL LEAD IIIM TO
GENEROUSLY PARDON ITS DEFECTS,

V B RAT?
Of TBI

UNIVERSITY

PREFACE

Four years ago I wrote, and soon after published, a
treatise on the " Principles of Masonic Law," which
was received by the Fraternity with a readiness that
convinced me I had not miscalculated the necessity of
such a work. In the composition of it I was entering
upon a field of Masonic Literature which had, up to
that time, been traversed by no other writer. There
was, it is true, an abundance of authorities scattered
over thousands of pages of Grand Lodge Proceedings,
and contained in the obiter dicta of Grand Masters'
Addresses, and the reports of Committees on Foreign
Correspondence. But these authorities were often of
a conflicting character, and as often were repugnant
to my sense of justice, and to the views I had long
entertained of the spirit of equity and reason which
pervaded the Masonic Institution. Hence, while re-
ceiving much information on various points of Masonic
Law, from the writings of distinguished brethren, in
different jurisdictions, I was repeatedly constrained to
regret that there was no standard of authority by
which I might be guided in doubtful cases, and that,
with every disposition to stand upon the old ways —

via

PREFACE.

stare super vias antiquas — I was unable to discover
any safe beacon to guide me in my search after these
ancient ways. I was, therefore, compelled, in most
cases, to depend upon my own judgment, and to draw
my conclusions as to what was Masonic Law, not from
precedent, or usage, or authoritative statutes, but from
the deductions of common sense and the analogies of
the municipal and civil law, and the customs of other
institutions.

It is not, therefore, surprising that in this dearth of
light — myself being the humble pioneer in the attempt
to reduce the principles of Masonic Law to a sys-
tematic science — with no books to guide — no prece-
dents, in repeated instances, to direct me — I should,
sometimes, have wandered from the true path, and
erred in judgment. My errors were, it is true, con-
scientiously committed. I gave all the talent, the
experience and the legal skill that I had, to the inves-
tigation of every question that lay before me — and
my mistakes were those, in most cases, inseparable
from the condition of the subject I was treating, and
from the first attempt to give systematic form to a
new science.

But subsequent years of enlarged experience and
more extensive research, directed with all the energy
I possessed, to the correction of errors, and the review
of former opinions, have led me to offer to the Masonic
World that result of my labors which is embodied in
the following pages.

PREFACE

If I had been consulted on the subject, another edi*
tion of the " Principles of Masonic Law," which was
first published in 1856, would never have been given
to the world ; at least, it should not have been sent
forth without a diligent correction of those opinions
in it, which I now believe to be erroneous. As it now
appears, it is not, in every part, a just representation
of my views. But the control of the book is not in
my hands, and all that I can now do — and I ask this
as an act of justice to myself — is to request my breth-
ren, when they shall hereafter honor me by citing my
opinions on Masonic Law, to look for those amended
views, in thi3, my latest work, in which I have not felt
any shame in correcting the immature theories, in
many points, of my earlier labor. There is no dis-
honor in acknowledging a mistake — there is much, in
obstinately persisting in it.

I do not suppose that I shall ever write another work
un Masonic Law. Of all Masonic literature it is the
most tedious in its details — in the task of composition,
the most laborious ; and while I have sought, by the
utmost care, to make the present treatise one worthy
of the Fraternity, for whom I have written it, and to
whom I am profoundly grateful for their uniform kind
ness to me, I shall gladly turn, henceforward, to the
more congenial employment of investigating the sym
bols and the religious teachings of the Order.

ALBERT G. MACKEY, M. D.

Charleston S. C,
April, 1859.
1*

The Foundations of Masonic Law are to be found id the
Landmarks, or Unwritten Law, and in the Ancient Consti-
tutions, or the Written Law. These will, therefore, constitute
the subject matte * of the preseut book.

THE FOUNDATIONS OF MASONIC LAW,

CHAPTER I.
2Tf)e SLau&matfcs, or t&e &ntoritten 3Lat»

Sir William Blackstone commences his Com-
mentaries on the Laws of England with the succinct
definition, that " law, in its most general and com-
prehensive sense, signifies a rule of action, and is
applied to all kinds of action, whether animate or
inanimate, rational or irrational." It is in this
sense that we speak of the laws of a country as
being those rules, whether derived from positive
enactment of the legislative authority, or from long-
established custom, by which the conduct of its
citizens or subjects is regulated.

So too, societies, which are but empires, kingdoms,
or republics in miniature, are also controlled by
rules of action which are, to their respective mem-
bers, as perfect laws as the statutes of the realm.
And hence Freemasonry, as the most ancient and
universal of all societies, is governed by its laws or
rules of action, which either spring out of ita

THE LANDMARKS, OR

organization, and are based upon its long-established
customs and usages, or which are derived from the
enactment of its superintending tribunals.

This difference in the origin of the Caws of
Masonry* leads to a threefold division of them, as
follows :

1. Landmarks.

2. General Regulations.

3. Local Regulations.

The writers on municipal law have made a divi-
sion of all laws into unwritten and written — the
" leges non-scriptae" and " leges scriptae."* Apply-
ing these terms to the threefold division of Masonic
Law, we should say that the unwritten laws or cus-
toms of Masonry constitute its Landmarks, and that
the written law is to be obtained in the regulations
made by the supreme Masonic authority, and which
are either general or local, as the authority which
enacted them was either general . or local in its
character.

* Blackstone defines the " unwritten laws" as those whose " original insti-
tution and authority are not set down in writing as acts of parliament are,
but receive their binding power and the force of laws by long and imme-
morial usage, and by their universal reception throughout the kingdom."
And he defines the " written laws" to be the " statutes, acts or edicts made
by and with the advice and consent of the lords spiritual and temporal and
commons in parliament assembled." — Comment Inlrod,, § 3. The civil law
of the Romans made a similar distinction into the "jus scriptum" and the
" jus non scriptum," the latter or unwritten law being also called the "jus
moribus constitutum," or the law founded on " consuetudo inveterata," or
immemorial custom. The Hebrews, too, had their double set of laws, the
written, which are found in the Pentateuch, and the oral, said to have been
given by God to Moses, to be by him orally communicated to Aaron and tlie
elders, and thence traditionally handed down to future generations.

THE UNWRITTEN LAW.

Of the nature of the Landmarks of Masonry,
there has been some diversity of opinion among
writers ;* but perhaps the safest method is to re-
strict them to those ancient, and therefore universal,
customs of the Order, which either gradually grew
into operation as rules of action, or if at once
enacted by any competent authority, were enacted
at a period so remote, that no account of their ori-
gin is to be found in the records of history. Both
the enactors and the time of the enactment have
passed away from the record, and the Landmarks
are therefore " of higher antiquity than memory or
history can reach."

The first requisite, therefore, of a custom or rule
of action to constitute it a Landmark is, that it
must have existed from 11 time whereof the memory
of man runneth not to the contrary. "t Its antiquity
is its essential element. Were it possible for all
the Masonic authorities at the present day to unite
in a universal congress, and with the most perfect
unanimity to adopt any new regulation, although

* " With respect to the Landmarks of Masonry, some restrict them to the
0. B., signs, tokens and words. Others include the ceremonies of initiation,
passing and raising; and the form, dimensions and supports ; the ground,
situation and covering; the ornaments, furniture and jewels of a lodge, or
their characteristic symbols. Some think that the order has no landmarks
beyond its peculiar secrets."-— Oliver, Diet. Symb. Mas. All these are
l@ose and unsatisfactory definitions, excluding things that are essential, and
admitting others that are non-essential.

f Blackstone says, (Introd. § 3), "the goodness of a custom depends
upon its having been used time out of miud: or in the solemnity of our legal
phrase, time whereof the memory of man runneth not to the contrary. This,
it is, that gives it its weight and authority." All this may be applieu in the
precise terms +o the Landmarks of Freemasonry.

THE LANDMARKS, OR

such regulation would, so long as it remained unre
pealed, be obligatory on the whole craft, yet ii
would not be a landmark. It would have the
character of universality, it is true, but it would be
wanting in that of antiquity.

Another peculiarity of these Landmarks of Ma-
sonry is, that they are unrepealable. As the con-
gress'to which I have just alluded would not have
the power to enact a Landmark, so neither would it
have the prerogative of abolishing one. The Land-
marks of the Order, like the laws of the Medes and
the Persians, can suffer no change. What they
were centuries ago, they still remain, and must
so continue in force until Masonry itself shall cease
to exist.

It is fortunate for the stability of Masonry, that
Landmarks so unchangeable should exist ; they stand
in the way of innovations controllhig and checking
them * and if sometimes inadvertently violated, are
ever bringing the reflective and conscientious Mason
back again under their influence, and preserving
that general uniformity of character and design
which constitutes the true universality of the insti-
tution. But it is equally fortunate for the prosper-
ity of the Order, and for its capacity of keeping up
with the progress of the age, that these Landmarks

* " The preservation of the ancient customs is a very considerable point
in respect to manners. Since a corrupt people seldom perform any memor-
able actions, seldom establish societies, build cities or enact laws; on the
contrary, since most institutions are derived from people of simple or severe
morals; to recall men to the ancient maxims is generally recalling them tc
virtue." — Montesquiei Spirit of Laws, V. vii.

THE UNWRITTEN LAW.

are feiv in number. They are sufficiently numerous
to act as bulwarks against innovation, but not suf-
ficient to stand in the way of needful reform.*

The Landmarks of Masonry, so far as I have
been enabled to compute them, after the most care
ful examination, amount only to twenty-five in num-
ber, and are as follows :

2Lantrmnrli ffivst.

The modes of Recognition are, of all the Land-
marks, the most legitimate and unquestioned/!*
They admit of no variation ; ^ad if ever they have
suffered alteration or addition, the evil of such a
violation of the ancient law has always made itself
subsequently manifest. An admission of this is to
be found in the proceedings of the late Masonic
Congress at Paris, where a proposition *was pre-
sented to render these modes of recognition* once

* The fundamental principles of Freemasonry are, it is true, the same now
that they were in the very beginning of the institution, and must always con-
tinue the same. And yet there can be no doubt that, like every other science,
Freemasonry is progressive in its character. It must of necessity be in-
fluenced by the progress of the age. Even now it is in a transition state in
this country, passing from the simply social condition which it presented less
than half a century ago to the character of a scientific and philosophical asso-
ciation. For proof of this, look to the Grand Lodge proceedings of 1815
and of 1858. With the progress in literary improvement, the Landmarks
do not interfere.

t Smith says that at the institution of the order to each of the degrees,
" a particular distinguishing test was adopted, which test, together with the
explication, was accordingly settled and communicated to the fraternity
previous to their dispersion, under a necessary and solemn injunction tc
secrecy; and they have been most cautiously preserved and transmitted
aown to posterity by faithful brethren, ever since their emigration/7— Use
and Abnte of Freemasonry, p. 46.

THE LANDMARKS,- OR

more universal* — a proposition which ncvei wo aid
have been necessary, if the integrity of this im-
portant Landmark had been rigorously preserved.

2Lnnrtrmarfc .Seconir,

The division of Symbolic Masonry into Three
Degrees, t is a Landmark that has been better pre-
served than almost any other, although even here
the mischievous spirit of innovation has left its
traces, and by the disruption of its concluding por-
tion from the third degree,! a want of uniformity
has been created in respect to the final teaching of
the Master's order ; and the Royal Arch of Eng-
land, Scotland, Ireland, and America, and the " high
degrees'; of France and Germany, arc all made to
differ in the mode in which they lead the neophyte

* That proposition is contained in the 7th resolution of the Congress, and
is in these words : " Masters of lodges, in conferring the degree of Master
Mason, should invest the candidate with the words, signs and grips of the
Scottish and Modern rites." If the Landmark had never been violated, the
resolution would have been unnecessary. The symbolic degrees being the
foundation of all masonry, should never have been permitted to differ in any
of the rites.

f Smith thus accounts for this Landmark: " Though there were no ap-
prentices employed in the building of the temple, yet as the craftsmen were
all intended to be promoted to the degree of Masters, after its dedication;
and as these would receive a succession by receiving apprentices, who
might themselves in due time become Masters, it was determined that the
gradations in the science should consist in three distinct degrees." — Use
and Abuse of Freemasonry, p. 46. Lond., 1783.

% Dr. Oliver says that " the difference between the ancient and modern
systems (that is, between the ancient and modern Lodges in the 18th cen*
tury) consisted solely in the mutilation of the third degree." See " Some
Account of the Schtem," &c, which contains a full relation of this disruo
tion of the Royal Arch from the Master's degree.

THE UNWRITTEN LAW.

If)

to the great consummation of all symbolic Masonry.*
In 1813, the Grand Lodge of England vindicated
the ancient Landmark, by solemnly enacting that
Ancient Craft Masonry consisted of the three de-
grees of Entered Apprentice, Fellow Craft, and
Master Mason, including the Holy Royal Arch.f
But the disruption has never been liealed, and the
Landmark, although acknowledged in its integrity
by all, still continues, to be violated.

SLniiirmarfc 2Ti)frir*

The Legend of the Third Degree is an import-
ant Landmark, the integrity of which has been
well preserved.^ There is no rite of Masonry,
practised in any country or language, in which the
essential elements of this legend are not taught.
The lectures may vary, and indeed are constantly
changing, but the legend has ever remained sub-
stantially the same. And it is necessary that it

* The true word, which is the symbol of divine truth, is the great ob-
ject of Freemasonry. Any system without it must be imperfect; and there-
fore in all the various rites, and I might almost say that their name was
legion, this true word is sought for, but the search is in each, prosecuted
in a different way, which really constitutes the essential difference of the
masonic rites.

t " It is declared and pronounced that pure ancient Masonry consists of
three degrees, and no more; viz : ttose of the Entered Apprentice, the
Fellow Craft and the Master Mason, including the Supreme Order of the
Holy Royal Arch."— Articles of Union between (lie Two Grand Lodges
of England, 1813. Art. ii.

$ " After the union of speculative and operative Masonry, and when the
temple of Solomon was completed, a legend of sublime and symbolic mean-
ing was introduced into the system, which is still retained, and consequently
known to all Master MasGns."— Oliver, Landmarks, vol. ii. p. 169.

THE LANDMARKS, OR

should be so, for the legend of the Temple Buildei
constitutes the very essence and identity of Masonry.
Any rite which should exclude it, or materially alter
it, would at once, by that exclusion or alteration,
cease to be a Masonic rite.

3Lnttirniarfc JFourti)*

The Government of the Fraternity, by a pre-
siding officer called a Grand Master, who is elected
from the body of the craft, is a fourth Landmark of
the Order.* Many persons ignorantly suppose that
the election of the Grand Master is held in conse-
quence of a law or regulation of the Grand Lodge.
Such, however, is not the case.t The office is in-
debted for its existence to a Landmark of the Order.
Grand Masters are to be found in the records of the
institution long before Grand Lodges were estab-
lished ; and if the present system of legislative
government by Grand Lodges were to be abolished,
a Grand Master would still be necessary. In fact,

* " No brother can be a Warden, until he has passed the part of a Fellow
Craft; nor a Master, until he has acted as a Warden ; nor Grand Warden,
until he has been Master of a lodge; nor Grand Master, unless he has been
a Fellow Craft before his election." — Old Charges, iv.

f Tlie mode and time of his election is, in modern times, prescribed by
a regulation of the Grand Lodge, it is true, but the office itself exists inde-
pendently of any such regulation. When installed into office, it is not as the
Grand Master of the Grand Lodge, but as the " Grand Master of Masons." —
See Anderson's Constitutions, 2d edit, passim. The earliest references to
the office in English Masonry is in the time of the Emperor Carausius, m the
third century, who, as Preston states, " granted the Masons a charter, and
command**! Albanus to preside over them in person as Grand Master."-.
Preston, Illustrations, p. 125. Oliv. edit.

THE UNWRITTEN LAW.

although there has been a period within the records
of history, and indeed of very recent date, when a
Grand Lodge was unknown, there never has been a
time when the craft did not have their Grand
Master.*

JLcmtrmark JFtftf).

The Prerogative of the Grand Master to Pre-
side over every assembly of the craft, wheresoever
and whensoever held, is a fifth Landmark. It is in
consequence of this law; derived from ancient usage,
and not from any special enactment, that the Grand
Master assumes the chair, or as it is called in Eng-
land. " the throne," at every communication of the
Grand Lodge ;t and that he is also entitled to pre-
side at the communication of every Subordinate
Lodge, where he may happen to be present.^

The Prerogative of the Grand Master to
grant Dispensations for conferring degrees at ir-
regular times, is another and a very important

* " The Grand Master is not a creation of the General Regulations, the
Ancient Charges or Written Constitutions. He existed when all those that
we know anything of were made."— Com. of Correspond. G. L. JV. Y.,
1851.

t The Thirty-nine General Regulations, adopted in 1721, acknowledged
this Landmark in the following words: " The Grand Lodge consists of and
is formed by the Master and Wardens of all the regular particular Lodges
on record, with the Grand Master at their head." — Twelfth Regulation.

$ Thus, in the First General Regulation: " The Grand Master, or his
Deputy, hath authority and right, not only to be present in any true Lodge,
but also to preside wheresoever he is, with the Master of the Lodge on his
left hand."

THE LANDMARKS, OR

Landmark. The statutory law of Masonry requires
a month, or other determinate period, to elapse
between the presentation of a petition and the elec-
tion of a candidate. But the Grand Master has the
power to set aside or dispense with this probation,
and to allow a candidate to be initiated at once.
This prerogative he possessed in common with all
Masters,* before the enactment of the law requiring
a probation, and as no statute can impair his pre-
rogative, he still retains the power, although the
Masters of Lodges no longer possess it.

SLan&marfc Stbnttfr.

The Prerogative of the Grand Master to
give Dispensations for opening and holding Lodges,
is another Landmark. He may grant, in virtue of
this, to a sufficient number of Masons, the privilege
of meeting together and conferring degrees. The
Lodges thus established are called " Lodges under
Dispensation." They are strictly creatures of the
Grand Master, created by his authority, existing
only during his will and pleasure, and liable at any
moment to be dissolved at his command. They
may be continued for a day, a month, or six months •
but whatever be the period of their existence, they

* Preston sajs: " A sufficient number of Masons met together within a
certain district, with the consent of the sheriff or chief magistrate of th*
place, were empowered at this time, (i.e. anterior to 1717) to make Masons
and practice the rites of Masonry without warrant of constitution. TbG
privilege was inherent in them as individuals; and this privilege is still en
joyed by the two old Lodges now extant, which act by immemorial eonstiti*
tion." —Illustrations, p. 182, ncte.

THE UNWRITTEN LAW.

are indebted for that existence solely to the grace
of the Grand Master.*

SLanimtarft BCsfjtf).

The Prerogative op the Grand Master to
make Masons at sight, is a Landmark which is
closely connected with the preceding one.f There
has been much misapprehension in relation to this
Landmark, which misapprehension has sometimes
led to a denial of its existence in jurisdictions where
the Grand Master was perhaps at the very time
substantially exercising the prerogative, without the
slightest remark or opposition.! It is not to be

* If, according to the preceding" note, the privilege of meeting and confer-
ring the degrees was originally inherent in all Masons, as individuals, then
It must also have been inherent in the Grand Master, and was therefore
his prerogative, as well as that of every other member of the craft. But at
the reorganization of the order in 1717, the Masons, as a body, surrendered
this prerogative to the Grand Lodge; (see Preston, as above,) but they
could not surrender the prerogative of the Grand Master, for it was not theirs
to surrender. Consequently he still exercises it, and may assemble Masons
together either personally or by proxy; in such cases, the Lodge meets, as
of old, without a warrant of constitution; and to enable it to do so, the
Grand Master issues his dispensation ; that is, he dispenses with the law
enacted in 1717, which requires such wan-ant.

t " We think this to be the rule, because we do not think the regulation
of June 24th, 1717, restricting the future assemblage of Masons, except in
the four old Lodges in London, to Lodges held under warrant, was intended
to apply to the Grand Master or the Grand Lodge in session, but rather to
the craft in other respects."— Own. of Correspond. G. L. ofN. Y., 1851. Of
course not; for if it did, supposing that it legally could, then the Grand Mastei
would be deprived of the power of granting dispensations to open Lodges, tor
his prerogatives of making Masons at sight and of opening Lodge? are
founded on the &ame principle.

+ That is, whenever the Grand Master granted h's dispensation to an
unchartered I/xige *.o dispense with the necessary probation, and was

THE LANDMARKS, OR

supposed that the Grand Master can retire with a
profane into a private room, and there, withoo
assistance, confer the degrees of Freemasonry upoi.
him. No such prerogative exists, and yet many be-
lieve that this is the so much talked of right of
" making Masons at sight." The real mode and the
only mode of exercising the prerogative is this : The
Grand Master summons to his assistance not less
than six other Masons, convenes a Lodge, and with
out any previous probation, but on sight of the can-
didate, confers the degrees upon him, after which
he dissolves the Lodge, and dismisses the brethren.
Lodges thus convened for special purposes are called
" occasional lodges." This is the only way in which
any Grand Master within the records of the insti-
tution has ever been known to " make a Mason at
sight." The prerogative is dependent upon that of
granting dispensations to open and hold Lodges.
If the Grand Master has the power of granting to
any other Mason the privilege of presiding over
Lodges working by his dispensation, he may assume
this privilege of presiding to himself; an J as no
one can deny his right to "revoke his dispensation
granted to a number of brethren at a distance, and
to dissolve the Lodge at his pleasure, it will scarcely
be contended that he may not revoke his dispensa-
tion for a Lodge over which he himself has been
oresiding, within a day, and dissolve the Lodge as
soon as the business for whi ;h he had assembled it

present and presiding at the conferring >f the degrees, he was viitnall
malting a Mason at sight

THE UNWRTTTEN LAW.

is accomplished. The making of Masons at sight
is only the conferring of the degrees by the Grand
Master, at once, in an occasional Lodge,* consti-
tuted by his dispensing power for the purpose, and
over which he presides in person.

%flmfr*ffrt ftTtHt5.

The Necessity for Masons to Congregate in
Lodges is another Landmark, t It is not to be un-
derstood by this that any ancient Landmark has
directed that permanent organization of subordi-
nate Lodges which constitutes one of the features
of the Masonic system as it now prevails. But the
Landmarks of the Order alwaj^s prescribed that
Masons should from time to time congregate to-
gether, for the purpose of either operative or specu-
lative labor, and that these congregations should be
called Lodges, Formerly these were extemporary
meetings called together for special purposes, and
then dissolved, the brethren departing to meet again
at other times and other places, according to the
necessity of circumstances. But warrants of con-
stitution, by-laws, permanent officers and annual

* These occasional Lodges have been often called by the English Grand
Masters since 1717, and frequent records of the fact are to be found in
Anderson's Constitutions. Almost all of the princes of the rcyal family,
when made Masons, were initiated, passed and raised at sight, and in
occasional Lodges.

t " A Lodge is a place where Masons assenwle and work; hence that
assembly or duly organized society of Masons is called a Lodge, and e?eiy
brother ought to belong to one, and to be subject to its by-iaws and the gene
ral regulations.'— Old Charges, iii.

THE LANDMARKS, OB

arrears, are modern innovations wholly outside
of the Landmarks, and dependent entirely on the
special enactments of a comparatively recent period.

2Lmtirmarfc 2Tcntf>.

The Government of the Craft, when so con-
gregated in a Lodge by a Master and two Wardens,
is also a Landmark.* To show the influence of thi3
ancient law, it may be observed by the way, that a
congregation of Masons meeting together under
any other government, as that for instance of a
president and vice-president, or a chairman and sub-
chairman, would not be recognized as a Lodge.
The presence of a Master and two Wardens is as
essential to the valid organization of a Lodge as a
warrant of constitution is at the present day. The
names, of course, vary in different languages, the
Master, for instance, being called " Venerable" in
French Masonry, and the Wardens " Surveillants,"
but the officers, their number,t prerogatives and
duties, are everywhere identical.

Ecin&marfc 22Icbent3&.

The Necessity that every Lodge, when Con-

* The Old Charges allude to the antiquity of these officers in the follow-
ing language : " In ancient times no Master or Fellow could be absent from
the Lodge when warned to appear at it, without incurring a severe censure,
until it appeared to the Master and Wardens that pure necessity hindered
him." — Charges, iii.

t The number, three, of these offices, is essential to the symbolism of the
Order, because they refer, as corresponding officers always did, in the
ancient Mysteries, to the sun at its rising, its meridian height, and its setting.
Bo long as Masonry preserves its symbolic character, these officers must bs
retained, and their peculiar positions preserved.

THE UNWRITTEN LAW.

Gregated, should be duly Tiled, is an important
Landmark of the institution, which is never neg-
lected. The necessity of this law arises from the
esoteric character of Masonry. As a secret insti-
tution, its portals must of course be guarded from
the intrusion of the profane, and such a law must
therefore always have been in force from the very
beginning of the Order.* It is therefore property
classed among the most ancient Landmarks. The
office of Tiler is wholly independent of any special
enactment of Grand or Subordinate Lodges, al-
though these may and do prescribe for him addi-
tional duties, which vary in different jurisdictions.
But the duty of guarding the door, and keeping off
cowans and eavesdroppers, is an ancient one, which
constitutes a Landmark for his government.

3Lan&mcirft £torlft|j.

The Right of every Mason to be Representee
in all general meetings of the craft, and to instruct
his representatives, is a twelfth Landmark. t For-
merly, these general meetings, which were usually
held once a year, were called u General Assemblies/

* The appointment of a Tiler is so evidently a Landmark, and the necessity
of such an officer so apparent, from the very character of the Masonic insti
tution, that neither the Old Charges nor the General Regulations make anj
allusion to him, except that the latter refer to the qualifications of the Grant1
Tiler of the Grand Lodge.

f This Landmark is recognized by the General Regulations in these words-
* The majority of every particular Lodge, when congregated, shall have the
privilege of giving instructions to their Master and Wardens before the as
sembling of the Grand Chapter or Grand Lodge." — Gen. Reg., Art. x.

THE LANDMARKS. OR

and all the fraternity, even to the youngest Entered
Apprentice, were permitted to be present. Now
they are called " Grand Lodges," and only the Mas-
ters and Wardens of the Subordinate Lodges are
summoned. But this is simply as the representa-
tives of their members. Originally, each Mason
represented himself ; now he is represented by his
officers. This was a concession granted by the fra-
ternity about 1717, and of course does not affect the
integrity of the Landmark, for the principle of
representation is still preserved. The concession
was only made for purposes of convenience.4*

3Ltm&marfc 2Tf)irtenU|).

The Right op every Mason to Appeal from the
decision of his brethren in Lodge convened, to the
Grand Lodge or General Assembly of Masons, is a
Landmark highly essential to the preservation of
justice, and the prevention of oppression. f A few
modern Grand Lodges, in adopting a regulation
that the decision of Subordinate Lodges, in cases

* See a full relation of the history of this concession in Preston. (Oliver's
edition, pp. 182-184.) The result of the concession is given in these words:
" Matters being thus amicably adjusted, the brethren of the four old Lodges
considered their attendance on the future communications of the society as
unnecessary, and, therefore, like the other Lodges, trusted implicitly to their
Mastej and Wardens, resting satisfied that no measure of importance would
be adopted without their approbation."— JUust., p. 183.

f The Old Charges recognize this right of appeal in these words: " If
any complaint be brought, the brother found guilty shall stand to the award
and determination of the Lodge, who are the proper and competent judges
of all suqh controversies, unless you carry it by appeal to the Grand Lodge."
— Charge vi., 1.

THE UNWRITTEN LAW.

of expu/sion, cannot be wholly set aside upon an ap-
peal, have violated this unquestioned Landmark, as
well as the principles of just government.

SUn&marit IFourteentfj.

The Right of every Mason to Visit and sit in
every regular Lodge is an unquestionable Land-
mark of the Order.* This is called " the right of
visitation." This right of visitation has always
been recognized as an inherent right, which inures
to every Mason as he travels through the world.
And this is because Lod^:.- are justly considered as
only divisions for convcouce of the universal Ma-
sonic family. This right may, of course, be im-
paired or forfeited on special occasions by various
circumstances ; but when admission is refused to a
Mason in good standing, who knocks at the door of
a Lodge as a visitor, it is to be expected that
some good and sufficient reason shall be fur-
nished for this violation, of what is in general
a Masonic right, founded on the Landmarks of the
Order.

* The MS. in possession of the Lodge of Antiquity, and which contains
charges written in the reign of James EL, between 1685 and 1688, recog-
nizes this right of visitation in the welcome which it orders every Mason
to give to a strange brother: " Thirteenthly, that every Mason receive and
cherish strange Fellows, when they come over the country, and set them on
work, if they will work, as the manner is; that is to say, if the Mason have
any mould stone in his place, he shall give him a mould stone, and set him
on work; and if he have none, the Mason shall refresh him with money unto
the next Lodge.'' All this implies the right to claim and the duty to extend
hospitality to a visiting brother,

THE LANDMARKS, OR

2Lanfcmarfc ffittztntl).

It is a Landmark of the Order, that no Visitor,

UNKNOWN TO THE BRETHREN PRESENT, Or to SOIIie

one of them as a Mason, can enter a Lodge without
first passing an examination according to ancient
usage.* Of course, if the visitor is known to any
brother present to be a Mason in good standing,
and if that brother will vouch for his qualifications,
the examination may be dispensed with, as the
Landmark refers only to the cases of strangers,
who are not to be recognized unless after strict
trial, due examination, or lawful information.

No Lodge can Interfere in the Business op
another Lodge, nor give degrees to brethren who
are members of other Lodges.! This is undoubtedly
an ancient Landmark, founded on the great prin-
ciples of courtesy and fraternal kindness, which are
at the very foundation of our institution. It has
been repeatedly recognized by subsequent statutory
enactments of all Grand Lodges.

* Reference is made to this important Landmark in the Old Charges,vi.6,
in the directions for" behavior to a strange brother," where we find the foV
lowing language: " You are cautioned to examine him in such method as
prudence shall direct you, that you may not be imposed upon by an ignorant
pretender, whom you are to reject with contempt and derision, and beware
of giving him any hints of knowledge."

f Thus in the MS. charges of the Lodge of Antiquity: " That no Master
or Fellow supplant others of their work; that is, if he hath taken a work
or else stand master of any work, that he [i.e. any other,] shall not pvtf
him out unless he l>e unable of cunn'ng to make an end of his work.'*

THE UNWRITTEN LAW.

5&tmirntarfc Sebeutecutf)*

It is a Landmark that Every Freemason is Ame-
nable to the Laws and Regulations of the Ma-
sonic Jurisdiction in which he resides, and this
although he may not be a member of any Lodge.*
Non-affiliation, which is, in fact, in itself a Masonic
offence, does not exempt a Mason from Masonic
jurisdiction.

ftantrmartt SSCatJtemtf).

Certain Qualifications of Candidates for In-
itiation are derived from a Landmark of the Order.t
These qualifications are that he shall be a man —
shall be unmutilated, free born, and of mature age.J
That is to say, a woman, a cripple, or a slave, or
one born in slavery, is disqualified for initiation into

* The same charges recognize this Landmark in these words : " Tenthly,
that every Master and Fellow shall come to the assembly, if it be withip fift j
miles of hfm, if he have any warning. And if he have trespassed against
the craft, <o abide the award of Masters and Fellows." And again:
"Eleventhly, that every Master Mason and Fellow that hath trespassed
against the craft, shall stand to the correction of other Masters and Fellows
to make him accord, and if he cannot accord, to go to the common law."

f Thus in the same MS. charges these qualifications are referred to :
" Thirdly, that he that be made, be able in all degrees ; that is, free born,
of a good kindred, true, and no bondsman ; and that he have his right limbs
as a man ought to have." And the Old Charges, collected in 1717, give the
qualifications as follows : " The persons admitted members of a Lodge must
be good and true men, free born and of mature and discreet age, no bond-
men, no women, no immoral or scandalous men, but of good report."

% In the regulations adopted by the General Assembly, 27th December;
1663, the age is placed at twenty-one years : " That no person be accepted
unless he be twenty-one years old or more."' — See Anjjerson, 2d edit.
t>. 102

THE LANDMARKS, OR

the rites of Masonry. Statutes, it is true, have
from time to time been enacted, enforcing or ex-
plaining these principles ; but the qualifications
really arise from the very nature of the Masonic
institution, and from its symbolic teachings, and
ave always existed as Landmarks.

3Lan&marfc tffneternt$*

A Belief in the Existence op God as the Grand
Architect of the universe, is one of the most im-
portant Landmarks of the Order .* It has been al
ways deemed essential that a denial of the existence
of a Supreme and Superintending Power, is an abso-
lute disqualification for initiation. The annals of
the Order never yet have furnished or could furnish
an instance in which an avowed atheist was ever
made a Mason. The very initiatory ceremonies of
the first degree forbid and prevent the possibility
of so monstrous an occurrence.

aattfrmarft OTtoeutictfj.

Subsidiary to this belief in God, as a Landmark
of the Order, is the Belief in a Resurrection to
a Future LiFE.f This Landmark is not so posi-

* It were needless to cite authorities on this point. We might say, that the
very first or' the Old Charges begins by declaring that " a Mason fa obliged
by his tenure to obey the moral law ; and if he rightly understands the art,
he will never be a stupid atheist, nor an irreligious libertine."

f The whole scope and design of the third degree is, to teach the resurree
tion from the dead, as that of the Royal Arch is to inculcate the rewards of a
future life. If the doctrine of the resurv*ction were false, then would ftha
ceremonies of the tliird degree be simply a farce ; and lvence Hutchinsoj*

THE UNWRITTEN LAW.

tively impressed on the candidate by exact words as
the preceding ; but the doctrine is taught by very
plain implication, and runs through the whole sym-
bolism of the Order. To believe in Masonry, and
not to believe in a resurrection, would be an absurd
anomaly, which could only be excused by the re-
flection, that he who thus confounded his belief and
his skepticism, was so ignorant of the meaning of
both theories as to have no rational foundation for
his knowledge of either.

It is a Landmark, that a " Book of the Law"
shall constitute an indispensable part of the furni-
ture of every Lodge.* I say advisedly, a Booh of
the Law, because it is not absolutely required that
everywhere the Old and New Testaments shall be
zised. The Book of the Law" is that volume
which, by the religion of the country, is believed to
contain the revealed will of the Grand Architect of
the universe. Hence, in all Lodges in Christian
countries, the Book of the Law is composed of the
Old and New Testaments ; in a country where
Judaism was the prevailing faith, the Old Testa-
ment alone would be sufficient ; and in Mohamme-

who had profoundly studied its symbolism, says, that the Master Mason's
order " testifies our faith concerning the resurrection of the body."-— Spirit
of Masonry, p. 101.

* The presence of a Book of the Law in a Lodge, as a part of its furniture, is
strictly a ritualistic Landmark, and the authorities for it will be at once ev>
dent to every Mason.

THE LANDMARKS, OR

dan countries, and among Mohammedan Masons,
the Koran might be substituted. Masonry does
not attempt to interfere with the peculiar religious
faith of its disciples, except so far as relates to the
belief in the existence of God, and what necessarily
results from that belief.* The Book of the Law is
to the speculative Mason his spiritual Trestle-board ;
without this he cannot labor ; whatever he believes
to be the revealed will of the Grand Architect con-
stitutes for him this spiritual Trestle-board, and
must ever be before him in his hours of speculative
labor, to be the rule and guide of his conduct. The
Landmark, therefore, requires that a Book of the
Law, a religious code of some kind, purporting to
be an exemplar of the revealed will of God, shall
form an essential part of the furniture of every
Lodge.

The Equality of all Masons is another Land-
mark of the Order.t This equality has no refer-
ence to any subversion of those gradations of rank
which have been instituted by the usages of society 4

* On the subject of the religious, or rather the doctrinal, requirements
of Masonry, the Old Charges utter the following explicit language : " Though
in ancient times, Masons were charged in every country to be of the religion
of that country or nation, whatever it was ; yet it is now thought expedient
only to oblige them to that religion in which all men agree, leaving their
particular opinions to themselves."- Charge i.

t " Masons meet upon the level."- Ritual.

$ H Though all Masons are as brethren upon the same level, yet Masonry
no honor from a man tha he had before ; nay, rather it adds to hii

THE UNWRITTEN LAW. 35

The monarch, the nobleman or the gentleman is en
titled to all the influence, and receives all the
respect which rightly belong to his exalted position.
But the doctrine of Masonic equality implies that,
as children of one great Father, we meet -in the
Lodge upon the level — that on that level we are all
traveling to one predestined goal — that in the Lodge
genuine merit shall receive more respect than
boundless wealth, and that virtue and knowledge
alone should be the basis of ail Masonic honors, and
be rewarded with preferment.* When the labors
of the Lodge are over, and the brethren have retired
from their peaceful retreat, to mingle once more
with the world, each will then again resume that
social position, and exercise the privileges of that
rank, to which the customs of society entitle him.

SLantrmarfc STtoeutg^fitrtr.
The Secrecy op the Institution is another and
a most important Landmark.f There is some diffi-

honor, especially if he has deserved well of the brotherhood, who must
give honor to whom it is due, and avoid ill manners."— Old Charges,
vi., 3.

* "All preferment among Masons is grounded upon real worth and per-
sonal merit only." — Old Charges, iv.

f There are abundant cautions in the Old Charges which recognize the
existence of this Landmark, and the necessity of preserving it. Thus in the
direction for the behavior of brethren who meet without strangers, it is said *.

* Vou will salute one another in a courteous manner, freely giving

mutual instruction as shall be thought expedient, without being overseen or
overheard and in the presence of strangers : " You shall be cautious ic
your words and carriage, that the most penetrating stranger shall act b
able to discover or 6nd out what is not proper to be intimated.''

THE LANDMARKS, OR

culty in precisely defining what is meant by a
"seciet society/7 If the term refers, as perhaps.,
in strictly logical language it should, to those asso-
ciations whose designs are concealed from the pub-
lic eye, and whose members are unknown, which
produce their results in darkness, and whose opera-
tions are carefully hidden from the public gaze — a
definition which will be appropriate to many politi-
cal clubs and revolutionary combinations in despotic
countries, where reform, if it is at all to be effected,
must be effected by stealth — then clearly Free-
masonry is not a secret society. Its design is not
only publicly proclaimed, but is vaunted by its dis-
ciples as something to be venerated — its disciples
are known, for its membership is considered an
honor to be coveted — it works for a result of which
it boasts — the civilization and refinement of man,
the amelioration of his condition, and the reforma-
tion of his manners. But if by a secret society is
meant — and this is the most popular understanding
of the term — a society in which there is a certain
amount of knowledge, whether it be of methods of
recognition, or of legendary and traditional learn-
ing * which is imparted to those only who have
passed through an established form of initiation,
the form itself being also concealed or esoteric,

* The Leland MS., containing the answers of the Masons to the questions
of King Henry the Sixth,, gives a long list of the secrets which the
Masons " conceal and hide," the catalogue of secret sciences ending with

the miiversalle longage of Masonnes," that is, the peculiar modes of
recognition.

THE UNWRITTEN LAW. 37

then in this sense is Freemasonry undoubtedly a
secret society. Now this form of secrecy is a form
inherent in it, existing with it from its very founda-
tion, and secured to it by its ancient Landmarks.
If divested of its secret character, it would lose its
identity, and would cease to be Freemasonry.*
Whatever objections may, therefore, be made to the
institution, on account of its secrecy, and however
much some unskillful brethren have been willing in
times of trial, for the sake of expediency, to divest
it of its secret character, it will be ever impossible
to do so, even were the Landmark not standing be-
fore us as an insurmountable obstacle ; because such
change of its character would be social suicide, and
the death of the Order would follow its legalized
exposure. Freemasonry, as a secret association, has
lived unchanged for centuries — as an open society
it would not last for as many years.

3Lunttmxvk £toetit2=jFottrtf).

The Foundation of a Speculative Science upon
an Operative Art, and the symbolic use and ex-
planation of the terms of that art, for purposes of
religious or moral teaching, constitute another
Landmark of the Order.t The Temple of Solomon

* " Finally, keep sacred and inviolable the mysteries of the Order, as these
are to distinguish you from the rest of the community, and mark your conse-
quence among Masons."— Charges to an Ent. Apprentice.

f " We work in speculative Masonry, but our ancient brethren worked in
both operative and speculative Ritual of F. C. degree*

THE LANDMARKS, OR

was the cradle of the institution,* and, therefore,
the reference to the operative Masonry, which con-
structed that magnificent edifice, to the materials
and implements which were employed in its con-
struction, and to the artists who were engaged in
the building, are all component and essential parts
of the body of Freemasonry, which could not be
subtracted from it without an entire destruction of
the whole identity of the Order. Hence, all the
comparatively modern rites of Masonry, however
they may differ in other respects, religiously pre-
serve this temple history and these operative ele-
ments, as the substratum of all their modifications
of the Masonic system.

JLanlrmarfc QLtatnt^jfiitl).

The last and crowning Landmark of all is, that
these Landmarks can never be Changed.! No-
thing can be subtracted from them — nothing can be
added to them — not the , slightest modification can
be made in them. As they were received from our

* " As this temple (Solomon's) received the second race of servants of
the true God, and as the true craftsmen were here proved in their work,
we will crave your attention to the circumstances which are to be gathered
from holy writ, and from historians, touching this structure, as aa Illustra-
tion of those secrets in Masonry, which may appear to such of oui brethren
as are not learned in antiquity, dark or insignificant, unless they are proved
from thence." — Hutchinson, Spirit of Masonry, p. 83.

f Our «' first most excellent Grand Master" has declared with a signifi-
cance which Masons will understand — " Remove not the ancient Landmarks
which thy fathers have set." Dr. Oliver remarks — " It is quite clear, how-
ever, that the order against removing or altering the Landmarks was univer
•jally observed in all ages of the craft." — Diet, of Synu Mas.

THE UNWRITTEN LAW.

predecessors, we are bound by the most solemn obli-
gations of duty to transmit them to our successors.
Not one jot or one tittle of these unwritten laws can
be repealed ; for in respect to them, we are not only
willing, but compelled to adopt the language of the
slurdy old barons of England — " Nolumus leges
inutarL"

CHAPTER IL

Written 3Lato,

Next to the Unwritten Laws, or Landmarks of
Masonry, comes its Written or statutory Laws.
These are the "regulations," as they are usually
called, which have been enacted from time to time
by General Assemblies, Grand Lodges, or other su-
preme authorities of the Order. They are in their
character either general or local.

The General Regulations are those that have been
enacted by such bodies as had at the time universal
jurisdiction over the craft. By the concurring con-
sent of all Masonic jurists, it is agreed, that the
regulations adopted previous to the year 1721, shall
be considered as general in their nature ; because
all the Masonic authorities established since that
period, have derived their existence, either directly
)r indirectly, from the Grand Lodge of England,
which was organized in 1717, and hence the regula-
tions adopted by that body, at the period of its
organization, and immediately afterwards, or by its
predecessors, the annual General Assemblies of the
craft, were of universal authority at the time of

THE WRITTEN LAW.

their adoption. But soon after 1721, other Grand
Lodges were established with equal powers to make
regulations for their own jurisdictions, and hence
the subsequent enactments of the Grand Lodge of
England ceased to be of force in those new and in-
dependent jurisdictions, and they therefore lost
their character of universality.

The Local Regulations are all those laws which
have been since enacted by the Grand Lodge of
England, and the Grand Lodges of other countries,
and which are, of course, of authority only in the
jurisdictions over which these Grand Lodges exer-
cise control. In a general treatise on the laws of
Masonry, these local regulations can of course find
no place, except when referred to in illustration of
any point of Masonic law.

The code of General Regulations, or the universal
Written Law of Masonry, is therefore contained in a
comparatively small compass, and yet this code,
with the Landmarks already recapitulated in the
preceding chapter, constitute the foundation on
which the whole superstructure of Masonic law is
erected. From these Landmarks and general regu-
lations, and from the dictates of reason and the
suggestions of analogy and common sense, we are
to deduce all those fundamental principles which
make the science of Masonic law.

It is necessary, therefore, that all those documents
which contain the universal written laws of Masonry
should be enumerated, as an appropriate introduc-
tion to an accurate inquiry into the science whose*

THE 'WRITTEN LAW.

principles constitute the subject matter of the pres*
ent article.

The following documents, and these only, have
been admitted to contain the General Regulations
and fundamental Constitutions of the Order, and
are competent authority for reference in all obscure
or disputed points of Masonic law :

I. — THE OLD YORK CONSTITUTIONS OF 926.

The " Old York Constitutions" were so called
from the city of York, where they were enacted,
and sometimes the/' Gothic Constitutions," from the
fact that they were written in the old Gothic
character. Of these constitutions, which are the
oldest now extant, the history is given in a record
written in the reign of Edward IV., the substance
of which is copied by Anderson. According to this
record, we learn that Prince Edwin, having been
taught Masonry, obtained from his brother, King
Athelstan, a- free charter, " for the Masons having a
correction among themselves (as it was anciently
expressed,) or a freedom and power to regulate
themselves, to amend what might happen amiss,
and to hold a yearly communication and general
assembly.

" Accordingly, Prince Edwin summoned all the
Masons in the realm to meet him in a congregation
at York, who came and composed a General Lodge,
of which he was Grand Master ; and having brought
with them all the writings and records extant, some

THE WRITTEN LAW. • 4B

in Greek, some in Latin, some in French and other
languages, from the contents thereof that assembly
did frame the Constitution and Charges of an Eng-
lish Lodge, made a law to preserve and observe the
same in all time coming, and ordained good pay for
the working Masons," &c*

The Constitutions thus framed at the city of
York, in the year 926, were seen, approved and con-
firmed, as we are informed by Anderson,! in the
reign of Henry VI., and were then recognized as
the fundamental law of Masonry. The document
containing them was lost for a long time, although,
according to Oliver, copies are known to have been
taken during the reign of Richard II. ; at the re-
vival of Masonry, however, in 1717, not a transcript
was to be found. A copy was, however, discovered
in 1838, by Mr. James Orchard Halliwell. in the
British Museum, and published. Dr. Oliver has
very clearly proved, in an article in the American
Quarterly Review of Freemasonry ,§ that this ancient
MS., published by Mr. Halliwell, is the original
Constitutions, as adopted in 926 by the General
Assembly which met at York. These Constitutions
contain fifteen articles and fifteen points of Masonic

* Anderson's Constitutions, 1st edit., p. 32.
f Anderson, 2d edit., p. 111.

i " It eluded the search of those indefatigable brothers, Desaguliers and
Anderson, at the revival of Masonry in the year of grace 1717, although
they used all the means at their command, both in f<his country and else-
where for its discovery."— Oliver, on the Old York Constitutions, A nier
Quar. Rev. of F>-eem., vol. i., p. 549.

§ Amer. Quar, Itev. ofFreem., vol. i., p. 546.

THE "WRITTEN* LAW.

law, which are here given, not in the antiquated
language in which they were written; and in which
they are published in HaliiwelFs book— a language
which would be almost wholly unintelligible to the
great mass of readers — but as" they have been very
correctly translated and condensed by Dr. Oliver,
in the volume already referred to. Besides their
importance, they will be read with interest as the
oldest Masonic Constitutions extant.

The Fifteen Articles.

1. The Master must be steadfast, trusty and true ; provide
victuals for his men, and pay their wages punctually.*

2. Every Master shall attend the Grand Lodge when duly
summoned, unless be have a good and reasonable excuse.

3. No Master shall take an Apprentice for less than seven
years .f

4. The son of a bondman shall not be admitted as an Ap-
prentice, lest, when he is introduced into the Lodge, any of
the brethren should be offended.

5. A candidate must be without blemish, and have the full
and proper use of his limbs ; for a maimed man can do the
craft no good.^

6. The Master shall take especial care, in the admission of
an Apprentice, that he do his lord no prejudice.

* This reference to the wages of operative Masonry is still preserved in
the formula of the Senior Warden's response in opening and closing a
Lodge ; but the wages of a spc culative Mason consist in a knowledge of
truth.

t Speculatively, no candidate shall pass to a higher degree, until he has
served a " sufficient time" and made " due proficiency" in the preceding
degree.

J This is repeated in all subsequent regulations, and is still in force
notw ithstandin^ some recent attempts to reduce its rigor.

THE WRITTEN LAW.

4.5

7. He shall harbor no thief or thief's retainer, lest the craft
should come to shame.

8. If he unknowingly employ an imperfect man, he shall
discharge him from the work when his inability is dis-
covered *

9. No Master shall undertake a wo*k that he is not able
to finish to his lord's profit and the credit of his Lodge.

10. A brother shall not supplant his fellow in the work,|
unless he be incapable of doing it himself; for then he may
lawfully finish it, that pleasure and profit may be the mutual
result.

11. A Mason shall not be obliged to work after the sun
has set in the west.

12. Nor shall he decry the work of a brother or fellow,
but shall deal honestly and truly by him, under a penalty of
not less than ten pounds.

13. The Master shall instruct his Apprentice faithfully, and
make him a perfect workman.

14. He shall teach him all the secrets of his trade.

15. And shall guard him against the commission of per
jury, and all other offences by which the craft may be
brought to shame.

The Fifteen Points.

1. Every Mason shall cultivate brotherly love and the
love of God, and frequent holy church.

2. The workman shall labor diligently on work days, that
he may deserve his holidays.

* This is the foundation of that principle of law by which a candidate
ma/ be stopped in any part of his progress— as. for instance, that an
Entered Apprentice, being objected to, may be refused by the Lodge
advancement to the Fellow Craft's degree.

t That is, no Lodge shall interfere with the work of another L^dge. These
afford illustrations of how the operative allusions in all the old Constitutions
are to be interpreted in a speculative sense.

THE WRITTEN LAW.

3. Every Apprentice shall keep his Master's counsel, and
not betray the secrets of his Lodge.

4. No man shall be false to the craft, or entertain a preju-
dice against his Master or Fellows.

5. Every workman shall receive his wages meekly, and
without scruple ; and should the Master think proper to dis
miss him from the work, he shall have due notice of the same
before II. xii.

6. If any dispute arise among the brethren, it shall be
settled on a holiday, that the work be not neglected, and
God's law fulfilled.

7. No Mason shall debauch, or have carnal knowledge of
the wife, daughter, or concubine of his Master or Fellows.

8. He shall be true to his Master, and a just mediator in
all disputes or quarrels.

9. The Steward shall provide good cheer against the hour
of refreshment, and each Fellow shall punctually defray his
share of the reckoning, the Steward rendering a true and
correct account.

10. If a Mason live amiss, or slander his Brother, so as to
bring the craft to shame, he shall -have no further mainten-
ance among the brethren, but shall be summoned to the next
Grand Lodge; and if he refuse to appear, he shall be
expelled.

11. If a Brother see his Fellow hewing a stone, and likely
to spoil it by unskillful workmanship, he shall teach him to
amend it, with fair words and brotherly speeches.

12. The General Assembly, or Grand Lodge, shall consist
of Masters and Fellows, Lords, Knights and Squires, Mayor
and Sheriff, to make new laws, and to confirm old ones when
necessary.

13. Every Brother shall swear fealty, and if he violate his
oath, he shall not be succored or assisted by any of the
Fraternity.

14. He shall make oath to keep secrets, to be steadfast
and true to all the ordinances of the Grand Lodge, to the

THE WRITTEN LAW.

King and Holy Church, and to all the several Points herein
specified.

* 15. And if any Brother break his oath, he shall be com-
mitted to prison, and forfeit his goods and chattels to the
King.

They conclude with an additional ordinance — alia
ordinacio — which declares

That a General Assembly shall be held every year, with
the Grand Master at its head, to enforce these regulations,
and to make new laws, when it may be expedient to do so, at
which all the brethren are competent to be present ; and
they must renew their 0. B. to keep these statutes and con-
stitutions, which have been ordained by King Athelstan, and
adopted by the Grand Lodge at York. And this Assembly
further directs that, in all ages to come, the existing Grand
Lodge shall petition the reigning monarch to confer his
sanction on their proceedings.

II. — THE CONSTITUTIONS OF EDWARD III.

Anderson informs us * on the authority of an old
record, that in the reign of King Edward III.,
(that is, between the years 1327 and 1377), the
Grand Master, with his Wardens, at the head of
the Grand Lodge, with the consent of the lords of
the realm, who were generally Freemasons, ordained
the following Constitutions :

1. That for the future, at the making or admission of a
Brother, the constitutions and the charges shall be read.

2. That Master Masons, or Masters of the work, shall be

4 ChristiMUms, 2d edit., p. 71.

THE WRITTEN LAW.

examined whether they be able of cunning to serve their
respective lords, as well the highest as the lowest, to the
honor and worship of the aforesaid art, and to the profit of
their lords ; for they be their lords that employ them for
their travel.

3. That when the Master and Wardens meet in a Lodge,
if need be, the Sheriff of the county, or the Mayor of the
city, or Alderman of the town, in which the congregation is
held, should be made fellow and sociate to the Master, in
help of him against rebels, and for upbearing the rights of
the realm.

4. That Entered Prentices at their making were charged
not to be thieves, or thieves-maintainers ; that they should
travel honestly for their pay, and ]ove their Fellows as them-
selves, and be true to the King of England, and to the realm>
and to the Lodge.

5. That at such congregations it shall be enquired, whether
any Master or Fellow has broke any of the articles agreed
to. And if the offender, being duly cited to appear, prove
rebel, and will not attend, then the Lodge shall determine
against him that he shall forswear (or renounce) his Masonry,
and shall no more use this craft ; the which, if he presume
for to do, the Sheriff of the county shall prison him, and take
all his goods into the king's hands, till his grace be granted
him an issue : for this cause principally have these congre-
gations been ordained, that as well the lowest as the highest
sTiould be well and truly served in this art foresaid through-
out all the kingdom of Englani.

III. — REGULATIONS OF 16C3.

In the reign of Charles I., Henry Jermyn, Earl
of St. Albans, being chosen Grand Master, he held
a General Assembly and Feast on St. John the
Evangelist's day, 1663, when the following regula-
tions were adopted :

THE WRITTEN LAW.

1. That no person, of what degree soever, be made or
accepted a Freemason, unless in a regular Lodge, whereof
one to be a Master or a Warden in that limit or division
where such Lodge is kept, and another to be a craftsman in
the trade of Freemasonry.

2. That no person shall hereafter be accepted a Freemason
but such as are of able body, honest parentage, good repu-
tation, and an observer of the laws of the land.

3. That no person hereafter who shall be accepted a Free-
mason, shall be admitted into any Lodge or assembly, until
lie has brought a certificate of the time and place of his ac-
ceptation from the Lodge that accepted him, unto the Master
of that limit or division where such Lodge is kept ; and the
said Master shall enroll the same in a roll of parchment, to
be kept for that purpose, and shall give an account of all such
acceptations at every General Assembly.

4. That every person who is now a Freemason, shall bring
to the Master a note of the time of his acceptation, to the end
the same may be enrolled in such priority of place as the
Brother deserves ; and that the whole company and Fellows
may the better know each other.

5. That for the future the said fraternity of Freemasons
shall be regulated and governed by one Grand Master, and
as many Wardens as the said society shall think fit to ap-
point at every annual General Assembly.

6. That no person shall be accepted, unless he be twenty- ^
one years old or more.

IV. — THE ANCIENT INSTALLATION CHARGES.

These Charges appear from their style to be very
old, although their date is uncertain. They were
contained in a MS. written in the reign of James
II., which extended from 1685 to 1688, which MS.,
according to Preston, was in possession of the Lodge
of Antiquity in London. They are said to have

THE WRITTEN LAW.

been used at the installation of the Master of a
Lodge. Probably they are older than the year
1686; but that date is often used as a means of
reference. The Charges are as follows :

1. That ye shall be true men to God and the holy church,
and to use no error or heresy by your understanding, and by
wise men's teaching.

2. That ye shall be .true liegemen to the King of England,
without treason or any falsehood, and that ye know no treason
but ye shall give knowledge thereof to the king, or to his
counsel ; also, ye shall be true one to another, that is to say,
every Mason of the craft that is Mason allowed, ye shall do
to him as ye would be done unto yourself.

3. And ye shall keep truly all the counsel that ought to be
kept in the way of Masonhood, and all the counsel of the
Lodge or of the chamber. Also, that ye shall be no thief nor
thieves to your knowledge free ; that ye shall be true to thb
king, lord or master that ye serve, and truly to see and work
for his advantage.

4. Ye shall call all Masons your Fellows, or your brethren,
and no other names.

5. Ye shall not take your Fellow's wife in villainy, nor de-
flower his daughter or. servant, nor put him to disworship.

6. Ye shall truly pay for your meat or drink, wheresoever
ye go to table or board. Also, ye shall do no villainy there,
whereby the craft or science may be slandered.

V. — THE ANCIENT CHARGES AT MAKINGS.

The MS. in the archives of the Lodge of Antiquity
from which I have quoted the preceding charges,
adds to them fifteen more, which are said to be
■" Charges single for Masons allowed or accepted,"
*hat is to say, as is added at the end, " Charges and

THE WRITTEN LAW.

covenants to be read at the mak-
ing of a i'reemason or Preemasons." They are aa
follows ;

1. That no Mason take on him no lord's work, nor any
other man's, unless he know himself well able to perform the
work, so that the craft have no slander.

2. Also, that no Master take work but that he take reason-
able pay for it ; so that the lord may be truly served, and the
Master to live honestly, and to pay his Fellows truly. And
that no Master or Fellow supplant others of their work ; that
is to say, that if he hath taken a work, or else stand Master
of any work; that he shall not put him out, unless he be un-
able of cunning to make an end of his work. And no Master
nor Fellow shall take no Apprentice for less than seven years.
And that the Apprentice be free born, and of limbs whole as
a man ought to be, and no bastard. And that no Master nor
Fellow take no allowance to be made Mason without the as-
sent of his Fellows, at the least six or seven.

3. That he that be made be able in all degrees ; that is,
free born, of a good kindred, true, and no bondsman, and
that he have his right limbs as a man ought to have.

4. That a Master take no Apprentice without he have occu-
pation to occupy two or thtfee Fellows at the least.

5. That no Master or Fellow put away any lord's work to
task that ought to be journeywork.

6. That every Master give pay to his Fellows and servants
as they may deserve, so that he be not defamed with false
working. And that none slander another behind his back to
make him lose his good name.

7. That no Fellow in the house or abroad, answer another
ungodly or reproveably without a cause.

8. That every Master Mason do reverence to his elder;
and that a Mason be no common player at the cards, dice or
hazard; or at any other unlawful plays, through the wlibh
the science <md craft may be dishonored and slandered

THE WRITTEN LAW.

9. That no Fellow go into the town by night, except he
have a Fellow with him, who may bear him record that he
was in an honest place.

10. That every Master and Fellow shall come to the assem-
bly, if it be within fifty miles of him, if he have any warning.
And if he have trespassed against the craft, to abide the re-
ward of Masters and Fellows.

11. That every Master Mason and Fellow that hath tres-
passed against the craft, shall stand to the correction of other
Masters and Fellows to make him accord ; and if they camiot
accord, to go to the common law.

12. That a Master or Fellow make not a mould stone,
square nor rule, to no lowen, nor let no lowen work work
within their Lodge nor without, to mould stone.

13. That every Mason receive and cherish strange Fellows,
when they come over the country, and set them on work, if
they will work, as the manner is ; that is to say, if the Mason
have any mould stone in his place, he shall give him a mould
stone, and set him on work ; and if he have none, the Mason
shall refresh him with money unto the next Lodge.

14. That every Mason shall truly serve his Master for
his pay.

15. That every Master shall truly make an end of his work,
task or journey, whitherso it be. *

VI. — THE REGULATION OF 1703.

I know not upon what authority Heboid places
the date of this Regulation in 1703. He cannot,
however, be far wrong, as it is certain that it was
adopted at the beginning of the eighteenth century,
and during the latter part of the Grand Mastership
of Sir Christopher "Wren. The Regulation is an
important one, and had an extensive influence on
the subsequent character of the institution. Pre3-

THE WRITTEN LAW.

ton* says that it was adopted in consequence of the
decadence of the Lodges, and for the purpose of in-
creasing their members. It is in these words :

That the privileges of Masonry should no longer be re-
stricted to operative Masons, but extend to men of various
professions, provided they were regularly approved and in- .
itiated into the Order .f

VII. — THE REGULATION OP 1717.

Preston! informs us that, on St. John the Baptist's
day, 1717, at the establishment of the Grand Lodge
of England by the four Lodges in London, the fol-
lowing Regulation was adopted :

That the privilege of assembling as Masons, which had
been hitherto unlimited, should be vested in certain Lodges
oi assemblies of Masons, convened in certain places ; and
that every Lodge to be hereafter convened, except the four
old Lodges at this time existing, should be legally authorized
to act by a warrant from the Grand Master for the time being,
granted to certain individuals by petition, with the consent

* Illustrations of Masonry, p. 180.

■f There is something in the phraseology of this regulation whic> makes it
irreconcilable with the facts of history. It is well known that, h mi the
earliest periods, a specnlative and an operative element were ccmbin«. 1 in
the institution, and that many distinguished princes, noblemen, prelates and
scholars, who were not operative Masons, held high rank and position in the
Fraternity. The most of the craftsmen were, however, undoubtedly, opera-
tive or stone masons. The object of this regulation, perhaps, really was, to
give an entirely speculative character to the institution, and completely to
divest it of its operative element. Although not precisely so worded, this
seems to have been the universal interpretation, and such has actually teen
the result.

t Illustrations, p. 182.

THE WRITTEN LAW.

and approbation of the Grand Lodge in commimication ; and
that without such warrant, no Lodge should be hereafter
(kerned regular or constitutional *

Tin, — THE REGULATION OF 1720.

At a quarterly communication of the Grand
* Lodge of England, held on the 24th of June, 1720,
the following new Regulation was adopted :

In future, the new Grand Master shall be named and pro-
posed to the Grand Lodge some time before the feast; and,
if approved and present, he shall be saluted as Grand Mas-
ter elect; and every Grand Master, when he is installed,
shall have the sole power of appointing his Deputy and
Wardens, according to ancient custom.f ♦

IX. — THE CHARGES APPROVED IN 1722.

The Charges now to be inserted were presented to
ihe Grand Lodge by Dr. Anderson and Dr. Desagu-
liers, in 1721, and being approved by the Grand
Lodge on the 25th of March, 1722, were subse-
quently published in the first edition of the Book
of Constitutions, with the following title :

" The Charges of a Freemason, extracted from the Ancient
Records of Lodges beyond sea, and of those in England, Scot-

* .heston says that a sufficient number of Masons conld, up to the time
of the adoption of this regulation, meet together, open a Lodge, and make
Masons, with the consent of the sheriff or chief magistrate of the place.
The regulation here quoted, which abolished this usage, is the one under
which the present system of permanent chartered Lodges is maintained.

f This regulation has been very generally repealed by the Grand Lodges
of the United States. In England, and in North Carolina and a very few
other Grand Lodges in this country, it is still in force. But in the greater
number of States, the .office of Deputy, like that of Grand Master, is
elective.

THE vfRTTTKN LAW.

land and Ireland, for the use of the Lodges in London : to be
read at the making of new Brethren, or when the Master
shall order it."

These Charges have always been held in the high*
est veneration by the Fraternity, as embodying the
most important points of the ancient Written as
well as Unwritten Law of Masonry.

I. CONCERNING GOD AND RELIGION.

A Mason is obliged, by his tenure, to obey the moral law ;f
and if he rightly understands the art, he will never be a
stupid atheist, nor an irreligious libertine. But though in
ancient times Masons were charged in every country to be
of the religion of that country or nation, whatever it was,
yet 'tis now thought more expedient only to oblige them to

* Laurence Deiuiott, the Deputy Grand Master of the Grand Lodge of
Ancient Masons, or Athol Grand Lodge, as it has been of late very usually
called, published a very distorted copy of these Charges in the Ahiman
Rezon,or Book of Constitutions, which he compiled for the use of the illegal
Grand Lodge with which he was connected. This incorrect version of Der-
mott was subsequently copied by Smith, in his Ahiman Rezon of Pennsyl-
vania ; by Dalcho, in that of South Carolina ; by Cole, in his Freemason's
Library, and by several other American writers; and many of the wordy, but
unnecessary, controversies on subjects of Masonic law, which a few years age
were becoming the reproach of American Masonry, (although by the investi-
gations which they have promoted, they have been of ultimate benefit,) arose
from the fact that Dermott's copy of the Charges was repeatedly copied as
good law, which, of course, it was not ; because the Grand Lodge to which he
was attached was irregular, and because his edition of the Charges was
altered from the original. It is a subject of curious speculation, whether
Dermott did not derive his Charges from those published by Anderson in
1738. The alterations made by Anderson in that year were never re-
peated in subsequent editions.

f Dermott adds, " as a true Noachida," and he subsequently interpolates
that Masons " all agi-ee in the three great articles of Noah," which is incorrect
since the Precepts of Noah were seven.

THE WRITTEN LAW.

that religion in which all men agree, leaving their particulai
opinions to themselves ; that is, to be good men and true, or
men of honour and honesty, by whatever denominations 01
persuasions they may be distinguished : whereby Masonry
becomes the centre of union, and the means of conciliating
true friendship among persons that must have remained at a
perpetual distance.

n. OF THE CIVIL MAGISTRATE, SUPREME AND SUBORDINATE.

A Mason is a peaceable subject to the civil powers, wher-
ever he resides or works, and is never to be concerned in
plots and conspiracies against the peace and welfare of the
nation, nor to behave himself undutifully to inferior magis-
trates ; for as Masonry hath been always injured by war,
bloodshed and confusion, so ancient kings and princes have
been much disposed to encourage the craftsmen, because of
their peaceableness and loyalty, whereby they practically
answered the cavils of their adversaries, and promoted the
honor of the Fraternity, who ever flourished in times of
peace. So that if a Brother should be a rebel against the
state, he is not to be countenanced in his rebellion, however
he may be pitied as an unhappy man ; and, if convicted of
no other crime, though the loyal brotherhood must and
ought to disown his rebellion, and give no umbrage or
ground of political jealousy to the government for the time
being ; they cannot expel him from the Lodge, and his rela-
tion to it remains indefeasible.

ITT. OP LODGES.

A Lodge is a place where Masons assemble and work ,
hence that assembly, or duly organized society of Masons, is
called a Lodge, and every Brother ought to belong to one
and to be subject to its by-laws and the General Regulations
It is either particular or general, and will be best understood
b} attending it, and by the regulations of the General ot

THE WKITTEtf LAW.

Grand Lodge hereunto annexed. In ancient times, no Master
or Fellow could be absent from it, especially when warned
to appear at it, without incurring a severe censure, until it
appeared to the Master and Wardens that pure necessity
hindered him.

The persons admitted members of a Lodge must be good •
and true men, free born, and of mature and discreet age, no
bondmen, no women, no immoral or scandalous men, but of
good report.*

IV. OF MASTERS, WARDENS, FELLOWS AND APPRENTICES.!

All preferment among Masons is grounded upon real worth
and personal merit only; that so the lords may be well
served, the brethren not put to shame, nor the royal craft
despised ; therefore no Master or Warden is chosen by seni-
ority, but for his merit. It is impossible to describe these
things in writing, and every Brother must attend in his place,
and learn them in a way peculiar to this Fraternity : only
candidates may know that no Master should take an Appren-
tice unless he has sufficient imployment for him, and unless
he be a perfect youth, having no maim or defect in his body,
that may render him uncapable of learning the art, of serving
his Master's lord, and of being made a Brother, and then a
Fellow Craft in due time, even after he has served such a
term of years as the custom of the country directs ; and that
he should be descended of honest parents ; that so, when
otherwise qualified, he may arrive to the honour of being the

* Dermott alters this clause respecting the qualifications, &c, so as to read
thus: " The men made Masons must be free born (or no bondmen), of ma-
ture age, and of good report ; hale and sound, not deformed or dismembered
at the time of their making ; but no woman, no eunuch."

f Dermott makes very considerable and important alterations in this
Charge, as, for instance, he brings the Master Masons forward as constituting
the great body of the craft ; whereas, it will be perceived that Entered Ap«
prentices and Fellow Crafts are alone spoken of in that capacity in the authen
tic Charges. But Anderson made the same change in his edition of 1738.

THE WRITTEN LAW.

Warden, and then the Master of the Lodge, the Grand War-
den, and at length the Grand Master of all the Lodges, accord-
ing to his merit.

No Brother can be a Warden until he has passed the part
of a Fellow Craft ;* nor a Master, until he has acted as a
Warden, nor Grand Warden until he has been Master of a
Lodge, nor Grand Master, unless he has been a Fellow Craftf
before his election, who is also to be nobly born, or a gentle-
man of the best fashion, or some eminent scholar, or some
curious architect or other artist, descended of honest parents,
and who is of singular great merit in the opinion of the
Lodges. And for the bettur and easier, and more honourable
discharge of his office, the Grand Master has a power to
chuse his own Deputy Grand Master, who must be then, or
must have been formerly, the Master of a particular Lodge,
and has the privilege of acting whatever the Grand Master,
his principal, should act, unless the said principal be present,
or interpose his authority by a letter.

TJiese rulers and governors, supreme and subordinate, of
the ancient Lodge, are to be obeyed in their respective
stations by all the brethren, according to the Old Charges and
Regulations, with all humility, reverence, love, and alacrity.

V. OF THE MANAGEMENT OP THE CRAFT IN WORKING.

All Masons shall work honestly on working days, that they
may live creditably on noly days ; and the time appointed

* Debmott says : " The Wardens are chosen from among the Master
Masons."

t Debmott says that " none can act as Grand Master who has not acted
as the Master of a particular Lodge." This, it is true, is the modern
usage ; but the Old Charges make no such requisition, as it was always
competent for the Grand Master to be chosen from the body of the craft
This is an instance in which in this country the authority of Dermott has
exercised an influence paramount to that of the original constitutions. A
large number of the Lodges in America derived their warrants from the
Athol Grand Lodge. There is no such provision in the modern constitution
of the Grand Lodge of England.

THE WRITTEN LAW.

by the law of the land, or confirmed by custom, shall
observed.

The most expert of the Fellow Craftsmen shall be chosen
or appointed the Master or overseer of the lord's work:*
who is to be called Master by those that work under him.
The craftsmen are to avoid all ill language, and to call each
other by no disobliging name, but Brother or Fellow ; and
ro behave themselves courteously within and without the
Lodge.

The Master, knowing himself to be able of cunning, shall
undertake the lord's work as reasonably as possible, and
truly dispend his goods as if they were his own ; nor to give
more wages to any Brother or Apprentice than he really may
deserve.

Both the Master and the Mason receiving their wages
justly, shall be faithful to the lord, and honestly finish their
work, whether task or journey; nor put the work to task that
hath been acccustomed to journey.

None shall discover envy at the prosperity of a Brother,
nor supplant him, or put him out of his work, if he be
capable to finish the same ; for no man can finish another's
work so much to the lord's profit, unless he be thoroughly
acquainted with the designs and draughts of him that
began it.

When a Fellow Craftsman is chosen "Warden of the work
under the Master, he shall be true both to Master and Fel-
lows; shall carefully oversee the work in the Master's
absence to the lord's profit; and his brethren shall obey
him.

All Masons employed shall meekly receive their wages
vithout murmuring or mutiny, and not desert the Master till
the work is finished.

* Deksiott says : " A Master Mason only must be the surveyor or
Master of the work." Here again the alteration of Dermott has, in modem
usage, superseded the original regulation. Folic w Crafts are not now eligible
to office.

60 THE WRITTEN LAW,

A younger Brother shall be instructed in working, to pre-
vent spoiling the materials for want of judgment, and for in-
creasing and continuing of brotherly love.

All the tools used in working shall be approved by the
Grand Lodge.

No labourer shall be employed in the proper work of Ma-
sonry ; nor shall Free Masons work with those that are not
free, without an urgent necessity j nor shall they teach la-
bourers and unaccepted Masons, as they should teach a
Brother or Fellow.

VI. OP BEHAVIOUR, VIZ I

1. In the Lodge while Constituted.

You are not to hold private committees, or separate con-
versation, without leave from the Master, nor to talk of any
thing impertinent or unseemly, nor interrupt the Master or
Wardens, or any Brother speaking to the Master ; nor be-
have yourself ludicrously or jestingly while the Lodge is
engaged in what is serious and solemn ; nor use any unbe-
coming language upon any pretence whatsoever ; but to pay
due reverence to your Master, Wardens and Fellows, and
put them to worship.

If any complaint be brought, the Brother found guilty
shall stand to the award and determination of the Lodge,
who are the proper and competent judges of all such contro-
versies, (unless you carry it by appeal to the Grand Lodge,)
and to whom they ought to be referred, unless a lord's work
be hindered the meanwhile, in which case a particular refer-
ence may be made ; but you must never go to law about
what concerneth Masonry, without an absolute necessity ap-
parent to the Lodge.

2. Belmviour after the Lodge is over and the Brethren not gone.

You may enjoy yourself with innocent mirth, treating one
another according to ability, but avoiding all excess, or foro

THE WRITTEN LAW.

hig any Brother to eat or drink "beyond his inclination, or
hindering him from going when his occasions call him, or
doing or saying any thing offensive, or that may forbid an
easy and free conversation ; for that would blast our har-
mony and defeat our laudable purposes. Therefore no
private piques or quarrels must be brought within the door
of the Lodge, far less any quarrels about religion, or nations,
or state policy, we being only, as Masons, of the Catholick
religion above-mentioned ; we are also of all nations, tongues,
kindreds, and languages, and are resolved against all poli-
ticks, as what never yet conduced to the welfare of the
Lodge, nor ever will. This Charge has been always strictly
enjoined and observed ; but especially ever since the Refor-
mation in Britain, or the dissent and secession of these
nations from the communion of Borne.

3. Behaviour when Brethren meet without Strangers, hut not in a
Lodge formed.

You are to salute one another in a courteous manner, as
you will be instructed, calling each other Brother, freely giv-
ing mutual instruction as shall be thought expedient, without
being overseen or overheard, and without encroaching upon
each other, or derogating from that respect which is due to
any Brother, were he not a Mason ; for though all Masons
are as brethren upon the same level, yet Masonry takes no
honour from a man that he had before ; nay, rather it adds
to his honour, especially if he has deserved well of the
Brotherhood, who must give .honour to whom it is due, and
avoid ill manners.

4. Behaviour in Tresence of Strangers not Masons,

Iom shall be cautious in your words and carriage, that the
most penetrating stranger shall not be able to discover or
find out what is not proper to be intimated ; and sometimes
you shall divert a discourse and manage it prudently for the
honour of the worshipful Fnternity.

THE WRITTEN LAW,

5. Bcluamour at Home, and in your Neighbourhood.

You are to act as becomes a moral and wise man ; particu.
larly not to let your family, friends and neighbours know the
concerns of the Lodge, &c, but wisely to consult your own
honour and that of the ancient Brotherhood, for reasons not
to be mentioned here. You must also consult your health,
by not continuing together too late, or too long from home,
after Lodge hours are past ; and by avoiding of gluttony or
drunkenness, that your families be not neglected or injured,
nor you disabled from working.

6. Behaviour towards a Strange Brother.

You are cautiously to examine him, in such a method as
prudence shall direct you, that you may not be imposed upon
by an ignorant false pretender, whom you are to reject with
contempt and derision, and beware of giving him any hints
of knowledge.

But if you discover him to be a true and genuine Brother,
you are to respect him accordingly ; and if he is in want,
you must relieve him if you can, or else direct him how
he may be relieved. You must employ him some days, or
else recommend him to be employed. But you are not
charged to do beyond your ability, only to prefer a poor
Brother that is a good man and true, before any other poor
people in the same circumstances.

Finally, all these Charges you are to observe, and also
those that shall be communicated to you in another way ;
cultivating brotherly love, the foundation and cape-stone, the
cement and glory of this ancient Fraternity; avoiding all
wrangling and quarreling, all slander and backbiting, nor
permitting others to slander any honest Brother, but defend-
ing his character, and doing him all good offices, as far as is
consistent with your honour and safety, and no farther.
And if any of them do you injury, you must apply to your
own or hie Lodge, and from thence you may appeal to the

THE WRITTEN LAW.

Grand Lodge at the Quarterly Communication, and from
thence to tho Annual Grand Lodge, as has been the ancient
laudable conduct of our forefathers in every nation ; never
taking a legal course but when the case cannot be otherwise
decided, and patiently listening to the honest and friendly
advice of Master and Fellows, when they would prevent
you going to law with strangers, or would excite you to put
a speedy period to all lawsuits, that so you may mind the
affair of Masonry with the more alacrity and success ; but
with respect to Brothers or Fellows at law, the Master and
Brethren should kindly offer their mediation, which ought
to be thankfully submitted to by the contending brethren ;
and if that submission is impracticable, they must, however,
carry on their process or lawsuit without wrath and rancor,
(not in the common way) saying or doing nothing which
may hinder brotherly love, and good offices to be renewed
and continued ; that all may see the benign influence of Ma-
sonry, as all true Masons have done from the beginning of
the world, and will do to the end of time.

X. — THE GENERAL REGULATIONS OF 1721.

The most complete history that could be given
of these General Regulations, is to be found in the
title which precedes them in the first edition of
Anderson's Constitutions, and which is contained
in these words :

General Regulations, first compiled by Mr. George Payne,
anno 1720, when he was Grand Master, and approved by the
Grand Lodge on St. John Baptist's day, anno 1721, at Station-
er's Hall, London, when the Most Noble Prince John, Duke
of Montagu, was unanimously chosen our Grand Master for
the year ensuing; who chose John Beal, m. d., his Deputy
Grand Master ; and Mr. Josiah Yilleneau and Mr. Thomas
Morris, Jun., were chosen by the Lodge Grand "Wardens

THE WRITTEN LAW.

And now, by the command of our said Right "Worshipful
Grand Master Montagu, the author of this book has com
pared them with, and reduced them to the ancient records
and immemorial usages of the Fraternity, and digested them
into this new method, with several proper explications, for
the use of the Lodges in and about London and West-
minster.

In subsequent editions of the Book of Consti-
tutions, these Regulations were altered or amended
in various points; but the original thirty-nine, as
published in the first edition, are all that are now
considered as entitled to any authority as part of
the universal Written Law of Masonry. Until
lately, however, it was difficult to obtain access to
the first edition of the Book of Constitutions, pre-
pared for and by order of the Grand Lodge, by the
Rev. James Anderson, which had been long out of
print, and therefore rare, and consequently many
erroneous deductions were made, and false prin-
ciples laid down in Masonic law, from the fact that
the references were made to the new Regulations
contained in the subsequent editions. Another fer-
tile source of error was. that Laurence Dermott,in
his " Ahiman Rezon, or Help to a Brother," published
these " Old Regulations," and that in a mutilated
form, witn a corresponding column of the "New
Regulations," which are, of course, without author-
ity, and which, nevertheless, have been sometimes
ignorantly quoted as Masonic law. I shall, as in
the instance of the " Charges," occasionally call at

THE WRITTEN LAW. f)f

teiition to these alterations and amendments of the
Old Regulations, just as the chart makers lay
down the location of the rocks and breakers which
the ship is to avoid.*

I. The Grand Master or his Deputy hath authority and
right, not only to be present in any true Lodge, but also to
preside wherever he is, with the Master of the Lodge on his
left hand, and to order his Grand Wardens to attend him,
who are not to act in any particular Lodges as Wardens, but
in his presence, and at his command ; because there the
Grand Master may command the Wardens of that Lodge, or
any other brethren he pleaseth, to attend and act as his
Wardens pro tempore.^

II. The Master of a particular Lodge has the right and
authority of congregating the members of his Lodge into a
Chapter at pleasure, upon any emergency or occurrence, as
well as to appoint the time and place of their usual forming ;
and in case of sickness, death, or necessary absence of the
Master, the Senior Warden shall act as Master pro tempore,

* The new Regulations, some of which were adopted as early as 1723, were
wanting in this ingredient, that they were not adopted according to the pro-
visions of the 39th Regulation of 1721, viz : That they should be offered at
the Grand Feast to the consideration of all the brethren, even the youngest
Apprentice. Seeing this difficulty, the Grand Lodge, in 1723, adopted a
new Regulation, declaring that " any Grand Lodge duly met has a power to
amend or explain any of the printed Regulations in the Book of Constitutions,
while they break not in upon the ancient rules of the Fraternity." But I
doubt the constitutionality of any alteration, except at an Annual Commu-
nication, which has now taken the place of and represents the Grand Feast.
At all events, this has beeii the modern usage, and accordingly, many of these
General Regulations have been altered or amended by successive Grand
Lodges.

t That is, says the new Regulation, only when the Grand Wardens are
absent ; for the Grand Master cannot deprive them of their office without
showing cause. Such, by universal consent, has been the subsequent inter
pretation of this Regulation.

THE WRITTEN LAW.

if no Brother is present who has been Master of that Lodge
before ; for in that case the absent Master's authority re-
verts to the last Master then present; though he cannot act
until the said Senior Warden has once congregated the Lodge,
or in his absence the Junior Warden.*

III. The Master of each particular Lodge, or one of the
Wardens, or some other Brother by his order, shall keep a
book containing their by-laws, the names of their members,
with a list of all the Lodges in town, and the usual times
and places of their forming, and all their transactions that
are proper to be written.

IV. No Lodge shall make more than five new brethren at
one time, nor any man under the age of twenty-five, who
must be also his own master, unless by a dispensation from
the Grand Master or his Deputy.

V. No man can be made or admitted a member of a par-
ticular Lodge without previous notice one month before
given to the said Lodge, in order to make due enquiry into
the reputation and capacity of the candidate, unless by the
dispensation aforesaid.

VI. But no man can be entered a Brother in any particu-
lar Lodge, or admitted to be a member thereof, without the
unanimous consent of all the members of that Lodgef then
present when the candidate is proposed, and their consent
is formally asked by the Master; and they are to signify
their consent or dissent in their own prudent way, either
virtually or in form, but with unanimity ; nor is this inherent
privilege subject to a dispensation ; because the members

* There is a palpable contradiction in the terms of this Regulation, which
caiised a new Regulation to be adopted in 1723, which declares that the au-
thority of 1 he Master shall, in such cases, devolve on the Senior Warden, and
such is now the general sense of the Fraternity.

t A subsequent Regulation allowed the Lodges to admit a member, if not
ibove three ballots were against him. But in this country this has nevei
been considered as good law, and the rule of unanimity has been very strictly
enforced.

THE WRITTEN LAW.

of a particular Lodge are the best judges of it ; arid if a frac-
tious member should be imposed on them, it might spoil
their harmony, or hinder their freedom ; or even break and
disperse the Lodge, which ought to bo avoided by all good
and true brethren.

VII. Every new Brother at his making is decently to
clothe the Lodge, that is, all the brethren present, and to
deposit .something for the relief of indigent and decayed
brethren, as the candidate shall think fit to bestow, over and
above the small allowance stated by the by-laws of that par-
ticular Lodge ; which charity shall be lodged with the Mas-
ter or "Wardens, or the cashier, if the members think fit to
choose one.

And the candidate shall also solemnly promise to submit
to the Constitutions, the Charges and Regulations, and to
such other good usages as shall be intimated to them in time
and place convenient.

YIII. No set or number of brethren shall withdraw or
separate themselves from the Lodge in which they were
made brethren, or were afterwards admitted members, un-
less the Lodge becomes too numerous ; nor even then, with-
out a dispensation from the Grand Master or his Deputy ;
and when they are thus separated, they must either imme-
diately join themselves to such other Lodge as they shall
like best, with the unanimous consent of that other Lodge to
which they go (as above regulated,) or else they must obtain
the Grand Master's warrant to join in forming a new Lodge.
If any set or number of Masons shall take upon themselves
to form a Lodge without the Grand Master's warrant, the
regular Lodges are not to countenance them, nor own them
as fair brethren and duly formed, nor approve of their acts
and deeds ; but must treat them as rebels, until they humble
themselves, as the Grand Master shall in his prudence direct,
and until he approve of them by his warrant, which must be
signified to the other Lodges, as the custom is when a new
Lodge is to be registered in the list of Lodges.

THE WRITTEN LAW.

IX. But if any Brother so far misbehave himself as to
render his Lodge uneasy, he shall be twice duly admonished
by the Master or Wardens in a formed Lodge ; and if he will
not refrain his imprudence, and obediently submit to the
advice of the brethren, and reform what gives them offence,
he shall be dealt with according to the by-laws of that par-
ticular Lodge, or else in such a manner as the Quarterly Com-
munication shall in their great prudence think fit ; for which
a new Regulation may be afterwards made.

X. The majority of every particular Lodge, when congre-
gated, shall have the privilege of giving instructions to their
Master and Wardens, before the assembling of the Grand
Chapter or Lodge, at the three Quarterly Communications
hereafter mentioned, and of the Annual Grand Lodge too ;
because their Master and Wardens are their representatives,
and are supposed to speak their mind.

XI. All particular Lodges are to observe the same usages
as much as possible ; in order to which, and for cultivating
a good understanding among Freemasons, some members out
of every Lodge shall be deputed to visit the other Lodges as
often as shall be thought convenient.

XII. The Grand Lodge consists of, and is formed by the
Masters and Wardens of all the regular particular Lodges
upon record, with the Grand Master at their head, and his
Deputy on his left hand, and the Grand Wardens in their
proper places ; and must have a Quarterly Communication
about Michaelmas, Christmas and Lady-day, in some conven-
ient place, as the Grand Master shall appoint, where no
Brother shall be present who is not at that time a member
thereof without a dispensation ; and while he stays, he shall
not be allowed to vote, nor even give his opinion, without
leave of the Grand Lodge asked and given, or unless it be
duly asked by the said Lodge.

All matters are to be determined in the Grand Lodge by a
majority of votes, each member having one vote, and the
Grand Master having two votes, unless the said Lodge leava

THE WRITTEN LAW.

any particular thing to the determination of the Grand Mas-
ter for the sake of expedition.

XIII. At the said Quarterly Communication, all matteis that
concern the Fraternity in general, or particular Lodges, or
single brethren, are quietly, sedately and maturely to be dis-
coursed of and transacted ; Apprentices must be admitted
Masters and Fellow Crafts only here,* unless by a dispensa-
tion. Here also all differences, that cannot be made up and
accommodated privately, nor by a particular Lodge, are to
be seriously considered and decided ; and if any Brother
thinks himself aggrieved by the decision of this Board, he
may appeal to the Annual Grand Lodge next ensuing, and
leave his appeal in writing with the Grand Master, or his
Deputy, or the Grand W ardens. Here also the Master or
the Wardens of each particular Lodge shall bring and pro -
duce a list of such members as have been made, or even
admitted in their particular Lodges since the last Communi-
cation of the Grand Lodge ; and there shall be a book kept
by the Grand Master, or his Deputy, or rather by some
Brother whom the Grand Lodge shall appoint for Secretary,
wherein shall be recorded all the Lodges, with their usual
times and places of forming, and the names of all the mem-
bers of each Lodge ; and all the affairs of the Grand Lodge
that are proper to be written.

They shall also consider of the most prudent and effectual
methods of collecting and disposing of what money shall be
given to, or lodged with them in charity, towards the relief
only of any true Brother fallen into poverty or decay, but of
none else ; but every particular Lodge shall dispose of their
own charity for poor brethren, according to their own by-

* This is an important Regulation, the subsequent alteration of whioh, by
universal consent, renders many of the Old Regulations inapplicable to the
present condition of Masonry. For whereas formerly Entered Apprentices
constituted the general body of the Craft, now it is composed altogether of
Master Masons ; hence many Regulations, formerly applicable to Apprentice*
can now only be interpreted as referring ic. Master Masons.

THE WRITTEN LAW.

laws, until it be agreed by all the Lodges (Li a new regular
tion) to carry in the charity collected by them to the Grand
Lodge, at the Quarterly or Annual Communication, in order to
make a common stock of it, for the more handsome relief of
poor brethren.

They shall also appoint a Treasurer, a Brother of good
worldly substance, who shall be a member of the Grand
Lodge by virtue of his office, and shall be always present,
and have power to move to the Grand Lodge any thing,
especially what concerns his office. To him shall be com-
mitted all money raised for charity, or for any other use of
the Grand Lodge, which he shall write down In a book, with
the respective ends and uses for which the several sums are
intended ; and shall expend or disburse the same by such a
certain order signed, as the Grand Lodge shall afterwards
agree to in a new Regulation ; but he shall not vote in choos-
ing a Grand Master or Wardens, though in every other trans-
action. As in like manner the Secretary shall bo a member
of the Grand Lodge by virtue of his office, and vo-'e in every
tiling except in choosing a Grand Master or Wardons.

The Treasurer and Secretary shall have 'each a olerk, who
must be a Brother and Fellow-Craft * but never must be a
member of the Grand Lodge, nor speak without being allowed
or desired.

The Grand Master or his Deputy shall always command
the Treasurer and Secretary, with their clerks and books, in
order to see how matters go on, and to know whft is expe-
dient to be done upon any emergent occasion.

Another Brother (who must be a Fellow-Craft),*' should be
appointed to look after the door of the Grand Lodge ; but
shall be no member of it. But these offices may be further ex-
plained by a new Regulation, when the necessity and expedi-
ency of them may more appear than at present to the fraternity.

* Of course, in consequence of the change made in the character of the
■jody of the Fraternity, alluded to in the last note, these officer.0 T«it now be
Master Masons.

THE WRITTEN LAW.

XIV. If at any Grand Lodge, stated or occasional, quarterly
or annual, the Grand Master and his Deputy shouid be both
absent, then the present Master of a Lodge, that has been
the longest a Freemason, shall take the chair, and preside as
Grand Master pro tempore /* and shall be vested with all his
power and honor for the time ; provided there is no Brother
present that has been Grand Master formerly, or Deputy
Grand Master ; for the last Grand Master present, or else
the last Deputy present, should always of right take place in
the absence of the present Grand Master and his Deputy.

XV. In the Grand Lodge none can act as Wardens but
the Grand Wardens themselves, if present ; and if absent,
the Grand Master, or the person who presides in his place,
shall order private Wardens to act as Grand Wardens pro
tempore whose places are to be supplied by two Fellow-
Craft of the same Lodge, called forth to act, or sent thither
by the particular Master thereof; or if by him omitted, then
they shall be called by the Grand Master, that so the Grand
Lodge may be always complete.

XVI. The Grand Wardens, or any others, are first to ad-
vise with the Deputy about the affairs of the Lodge or of the
brethren, and not to apply to the Grand Master without tho
knowledge of the Deputy, unless he refuse his concurrence
in any certain necessary affair ; in which case, or in case of
any difference between the Deputy and the Grand Wardens,

f In the second edition of the Book of Constitutions, printed in 1738, at
page 162, this Regulation is thus explained : " In the first edition, the right
of the Grand Wardens was omitted in this Regulation ; and it has been since
found that the old Lodges never put into the chair the Master of a particu-
lar Lodge, but when there was no Grand Warden in company, present nor
former, and that in such a case a Grand officer always took place of any
Master of a Lodge that has not been a Grand officer." This, it may be ob-
served, is the present usage.

f " It was always the ancient usage," says Anderson, " that the oldest
former Grand Wardens supplied the places of those of the year when ab
sent" — Const., 2d edit., p. 162. Accordingly, the 15th Regulation never was
observed.

THE WRITTEN LAW.

or other brethren, both parties are to go by concert to the
Grand Master, who can easily decide the controversy, and
make up the difference by virtue of his great authority.

The Grand Master should receive no intimation of business
concerning Masonry, but from his Deputy first, except in such
certain cases as his Worship can well judge of; for if the
application to the Grand Master be irregular, he can easily
order the Grand Wardens, or any other brethren thus apply-
ing, to wait upon his Deputy, who is to prepare the business
speedily, and to lay it orderly before his W orship.

XVII. No Grand Master, Deputy Grand Master, Grand
Wardens, Treasurer, Secretary, or whoever acts for them, or
in their stead pro tempore, can at the same time be the Master
or Warden of a particular Lodge ; but as soon as any of
them has honorably discharged his Grand office, he returns
to that post or station in his particular Lodge from which he
was called to officiate above.

XYITI. If the Deputy Grand Master be sick, or necessarily
absent, the Grand Master may choose any Fellow-Craft he
pleases to be his Deputy pro tempore ; but he that is chosen
Deputy at the Grand Lodge, and the Grand Wardens too,
cannot be discharged without the cause fairly appear to the
majority of the Grand Lodge ; and the Grand Master, if he
is uneasy, may call a Grand Lodge on purpose to lay the
cause before them, and to have their advice and concurrence ;
in which case the majority of the Grand Lodge, if they can-
not reconcile the Master and his Deputy or his Wardens, are
to concur in allowing the Master to discharge his said Deputy
or his said Wardens, and to choose another Deputy immedi-
ately ; and the said Grand Lodge shall choose other Wardens
in that case, that harmony and peace may be preserved.

XIX. If the Grand Master should abuse his power, and
render himself unworthy of the obedience and subjection of
the Lodges, he shall be treated in a way and manner to b*
agreed upon in a new Regulation ; because hitherto the
ancient Fraternity have had no occasion for it, their formci

THE WRITTEN LAW.

-5

Grand Masters having all behaved themselves worthy of that
honourable office.

XX. The Grand Master, with his Deputy and "Wardens,
shall (at least once) go round and visit all the Lodges about
town during his Mastership.

XXI. If the Grand Master die during his Mastership ; o- by
sickness, or by being beyond sea, or any other way sheald
be rendered uncapable of discharging his office, the Deputy,
or in his absence the Senior Grand Warden, or in his absence
the Junior, or in his absence any three present Masters of
Lodges, shall join to congregate the Grand Lodge immedi-
ately, to advise together upon that emergency, and to send
two of their number to invite the last G'nnd Master,* to re-
sume his office, which now in course reverts to him ; or if he
refuse, then the next last, and so backward ; but if no former
Grand Master can be found, then the Deputy shall act as
principal, until another is chosen ; or if there be no Deputy,
then the oldest Master.

XXII. The brethren of all the Lodges in and about London
and "Westminster shall meet at an Annual Communication
and Feast,f m some convenient place, on St. John Baptist's
day, or else on St. John Evangelist's day, as the Grand Lodge
shall think fit by a new Kegulation, having of late years met
on St. John Baptist's day ; provided : The majority of Mas-
ters and "Wardens, with the Grand Master, his Deputy and
Wardens, agree at their Quarterly Communication,^ three
months before, that there shall be a feast, and a General

* The modern usage is for the highest present Grand officer to assume
the vacant post.

f Very few Grand Lodges now observe this Regulation. The feast of St
John is celebrated everywhere by the private Lodges ; but the Annual Com-
munications of Grand Lodges generally occur at a different period of the
year.

% Quarterly Communications are still held by the Grand Lodge of England,
and a few Grand Lodges in tins country ; but the Regulation is becoming
generally obsolete, simply because it has been found impracticable.

THE WRITTEN LAW.

Communication of all the brethren : for if either the Grand
Master, or the majority of the part eular Masters are against
it, it must be dropt for that time.

But whether there shall be a feast for all the brethren or
not, yet the Grand Lodge must meet in some convenient
place annually, on St John's day ; or if it be Sunday, then
on the next day, in order to choose every year a new Grand
Master, Deputy and Wardens.

XXIII. If it be thought expedient, and the Grand Master,
with the majority of the Masters and Wardens, agree to hold
a grand feast, according to the ancient laudable custom of
Masons, then the Grand Wardens shall have the care of pre-
paring the tickets, sealed with the Grand Master's seal, of
disposing of the tickets, of receiving the money for the
tickets, of buying the materials of the feast, of finding out a
proper and convenient place to feast in ; and of every other
thing that concerns the entertainment.

But that the work may not be too burthensome to the two
Grand Wardens, and that all matters may be expeditiously
and safely managed, the Grand Master or his Deputy shall
have power to nominate and appoint a certain number of
Stewards, as his Worship shall think fit, to act in concert
with the two Grand Wardens ; all things relating to the feast
being decided amongst them by a majority of voices ; except
the Grand Master or his Deputy interpose by a particular
direction or appointment.

XXIV. The Wardens and Stewards shall, in due time, wait
upon the Grand Master or his Deputy for directions and
orders about the premises ; but if his Worship and his
Deputy are sick, or necessarily absent, they shall call to-
gether the Masters and Wardens of Lodges to meet on
purpose for their advice and orders, or else they may
take the matter wholly upon themselves, and do the best
they can.

The Grand Wardens and the Stewards are to account for
all the noney they receive or expend, to the Grand Lodge,

THE WRITTEN LAW.

after dinner, or -when the Grand Lodge shall think fit to re»
ceive their accounts.

If the Grand Master pleases, he. may in due time summon
all the Masters and Wardens of Lodges to consult with them
about ordering the grand feast,'and about any emergency or
accidental thing relating thereunto, that may require advice j
or else to take it upon himself altogether.

XXV. The Masters of Lodges shall each appoint one ex-
perienced and discreet Fellow-Craft of his Lodge, to compose
a committee, consisting of one from every Lodge, who shall
meet to receive, in a convenient apartment, every person
that brings a ticket, and shall have power to discourse him,
if they think fit, in order to admit him or debar him, as they
shall see cause ; provided, they send no man away before
they have acquainted all the brethren within doors with the
reasons thereof, to avoid mistakes, that so no true Brother
may be debarred, nor a false Brother or mere pretender ad-
mitted. This committee must meet very early* on St. John's
Day at the place, even before any persons come with
tickets.

XXVI. The Grand Master shall appoint two or more trusty
brethren to be porters or doorkeepers, who are also to be
early at the place for some good reasons, and who are to be
at the command of the committee.

XXVII. The Grand Wardens or the Stewards shall appoint
beforehand such a number of brethren to serve at table as
they think fit and proper for that work ; and they may ad-
vise with the Masters and Wardens of Lodges about the
most proper persons, if they please, or may take in such bjT
their recommendation ; for none are to serve that day but
Free and Accepted Masons, that the communication may be
free and harmonious.

XXVlil. All the members of the Grand Lodge must be at
the place long before dinner, with the Grand Master, or his
Deputy, at their head, who shall retire and form themselves
And this is done in order :

THE WRITTEN LAW.

1. To receive any appeals duly lodged, as above regu»
lated, that the appellant may be heard, and the affair may
be amicably decided before dinner, if possible ; but if it
cannot, it mast be delayed till after the new Grand Master
is elected ; and if it cannot be decided after dinner, it may
be delayed, and referred to a particular committee, that
shall quietly adjust it, and make report to the next Quar-
terly Communication, that brotherly love may be pre-
served.

2. To prevent any difference or disgust which may be
feared to arise that day ; that no interruption may be given
to the harmony and pleasure of the grand feast

3. To consult about whatever concerns the decency and
decorum of the Grand Assembly, and to prevent all inde-
cency and ill manners, the assembly being promiscuous.

4. To receive and consider of any good motion, or any
momentous and important affair, that shall be brought
from the particular Lodges, by their representatives, the
several Masters and Wardens.

XXIX. After these things are discussed, the Grand Master
and his Deputy, the Grand Wardens, or the Stewards, the
Secretary, the Treasurer, the Clerks, and every other person,
shall withdraw, and leave the Masters and Wardens of the
particular Lodges alone, in order to consult amicably about
electing a new Grand Master, or continuing the present, if
they have not done it the day before ; and if they are unani-
mous for continuing the present Grand Master, his Worship
shall be called in, and humbly desired to do the Fraternity
the honor of ruling them for the year ensuing ; and after
dinner it will be known whether he accepts of it or not ; for
it should not be discovered but by the election itself.

XXX. Then the Masters and Wardens, and all the brethren,
may converse promiscuously, or as they please to sort to-
gether, until the dinner is coming in, when every Brother
takes his seat at table.

XXXL Some time after dinner the Grand Lodge is formed

THE WRITTEN LLW.

not In retirement, but in the presence of all the "brethren,
who yet are not members of it, and must not therefore speak
until they are desired and allowed.

XXXII. If the Grand Master of last year has consented
with the Master and Wardens in private, before dinner, to
continue for the year ensuing ; then one of the Grand Lodge,
deputed for that purpose, shall represent to all the brethren

# his Worship's good government, &c. And turning to him,
shall, in the name of the Grand Lodge, humbly request him
to do the Fraternity the great honour (if nobly born,) if not,
the great kindness of continuing to be their Grand Master
for the year ensuing. And his Worship declaring his con-
sent by a bow or a speech, as he pleases, the said deputed
member of the Grand Lodge shall proclaim him Grand Mas
ter, and all the members of the Lodge shall salute him in due
form. And all the brethren shall for a few minutes have
leave to declare their satisfaction, pleasure and congratu-
lation.

XXXIII. But if either the Master and Wardens have not
in private, this day before dinner, nor the day before,
desired the last Grand Master to continue in the master-
ship another year; or if he, when desired, has not con-
sented: Then

The last Grand Master shall nominate nis successor for the
year ensuing, who, if unanimously approved by the Grand
Lodge, and if there present, shall be procleimed, saluted and
congratulated the new Grand Master, as above hinted, and
immediately installed by the last Grand Master, according to
usage.

XXXIY. But if that nomination is not unanimously ap-
proved, the new Grand Master shall be chosen immediately
by ballot, every Master and Warden writing his man's name,
and the last Grand Master writing his man's name too ; and
the man whose name the last Grand Master shall first take
out, casually or by chance, shall be Grand Master for the
year ensuing ; and if present, he shall be proclaimed, saluted

THE WRITTEN" LAW.

and congratulated, as above hinted, and forthwith installed
by the last Grand Master, according to usage.*

XXXV. The last Grand Master thus continued, or the new
Grand Master thus installed, shall next nominate and appoint
his Deputy Grand Master, either the last .or a new one, who
shall be also declared, saluted and congratulated, as above
hinted.

The Grand Master shall also nominate the new Grand
"Wardens, and if unanimously approved by the Grand Lodge,
shall be declared, saluted and congratulated, as above hinted ;
but if not, they shall be chosen by ballot, in the same way as
the Grand Master ; as the Wardens of private Lodges are
also to be chosen by ballot in each Lodge, if the members
thereof do not agree to their Master's nomination.

XXXVI. But if the Brother, whom the present Grand
Master shall nominate for his successor, or whom the ma-
jority of the Grand Lodge shall happen to choose by ballot,
is, by sickness or other necessary occasion, absent from the
grand feast, he cannot be proclaimed the new Grand Master,
unless the old Grand Master, or some of the Masters and
Wardens of the Grand Lodge can vouch, upon the honour of a
Brother, that the said person, so nominated or chosen, will
readily accept of the said office ; in which case the old Grand
Master shall act as proxy, and shall nominate the Deputy and
Wardens in his name, and in his name also receive the usual
honours, homage and congratulation.

XXXVII. Then the Grand Master shall allow any Brother,
Fellow-Craft, or Apprentice, to speak, directing his discourse
to his Worship ; or to make any motion for the good of the
Fraternity, which shall be either immediately considered and
finished, or else referred to the consideration of the Grand
Lodge at their next communication, stated or occasional.
When that is over,

* I know of no instance on record in which this custom of selecting by lot
las been followed. The regulation is now clearly everywhere obsolete.

THE WRITTEN LAW.

XXXVIIT. The Grand Master, or his Deputy, or some
Brother appointed by him, shall harangue all the brethren,
and give them good advice ; and lastly, after some other
transactions, that cannot be written in any language, the
brethren may go away or stay longer, if they please.

XXXIX. Every Annual Grand Lodge has an inherent
power and authority to make new Regulations* or to alter
these, for the real benefit of this ancient Fraternity: pro-
vided always that the old Landmarks be carefully preserved,
and that such alterations and new Regulations be proposed
and agreed to at the third Qaarterly Communication preced-
ing the annual grand feast ; and that they be offered also to
the perusal of all the brethren before dinner, in writing, even
of the youngest Apprentice ; the approbation and consent
of the majority of all the brethren present being absolutely
necessary to make the same binding and obligatory ; which
must, after dinner, and after the ''new Grand Master is in-
stalled, be solemnly desired ; as it was desired and obtained
for these Regulations, when proposed by the Grand Lodge,
to about 150 brethren, on St. John Baptist's day, 1721.

The Constitutions, Charges and Regulations here
presented to the reader, and which were adopted at
various periods, from 926 to 1722, constitute the
Written Law of Masonry, and they were at one
time co-extensive in authority with the Landmarks
of the Order. From these, however, they differ in
this respect, that the Landmarks being unrepealable,
must ever continue in force ; but the Written Law,
having been adopted by the supreme legislative au-
thority of the Order at the time, may be altered,
amended, or altogether repealed by the same su-

See note on page 65.

THE WRITTEN LAW.

preme authority — a doctrine which is explicitly set
forth in the Thirty-ninth General Regulation.
Accordingly, portions of this Written Law have,
from time to time, been materially modified by dif-
ferent Grand Lodges, as will be evident upon in-
spection of these laws with the modern Constitutions
of any jurisdiction.

It may, however, be considered as an axiom of
Masonic law, that in every Masonic jurisdiction,
where any one of these Regulations has not been
formally or implicitly repealed by a subsequent en-
actment of a new law, the old Regulation will
continue in force, and the Craft must be governed
by its provisions.

So in all doubtful questions of Masonic law, re-
course must be had, in forming an opinion, first to
the Landmarks, and then to this code of Written
Laws ; and out of these two authorities, the legal
dictum is to be established, because all the principles
of law are embraced in these two authorities, the
Ancient Landmarks and the Ancient Written Law ;
and hence they have been necessarily incorporated
into this volume, as a fitting introduction, under the
appropriate xitle of the Foundations of Masonio
Law.

BOOK II

XLato JRrfaling fo (janbibafes.

The position of a candidate is a transition state from the
profane world to the Masonic institution. It is the first step
taken which is to place the recipient within the jurisdiction
of Masonic Law. It is proper, therefore, to commence a
treatise on that subject, with a*consideration of all that re-
lates to this peculiar condition, such as the qualifications of
candidates, and their method of application and admission,
or rejection. These topics will therefore be considered in
the present Book.

CHAPTER I.
CEjje (EXtiaUficattous of €cin& Urates,

The qualifications which are essential in those
who apply for initiation into the mysteries of Free-
masonry, are of two kinds, internal and external*

The internal qualifications of a candidate are those
which lie within his own bosom, and are not patent
to the world. They refer to his peculiar disposi-
tions towards the institution — his motives and de-
sign in seeking an entrance into it. Hence they
are known to himself alone ; and a knowledge of
them can only be acquired from his own solemn
declarations.

The external qualifications are those which refer
to his outward fitness for initiation, and are based
on his moral and religious character, the frame of
his body, the constitution of his mind, and his

* It is true that the ritual of the first decree says, that " it is the internal
and not the external qualifications whicn recommend a man to be made a
Mason," but the context of the sentence shows that the external qualifica-
tions there referred to are " worldly wealth and honors." The ritual, there-
fore, has of coarse no allusion te the sort of external qualifications which are
here to be discussed.

THE QUALIFICATIONS

social position. A knowledge of these is to be
acquired from a careful examination by a committee
appointed for that purpose.

Each of these divisions requires a separate con-
sideration.

SECTION L

THE INTERNAL QUALIFICATIONS.

The first of these internal qualifications is, that
every candidate for initiation into the mysteries of
Freemasonry must come of his own free will and
accord.* This is a peculiar feature of the Masonic
institution that must commend it to the respect of
every generous mind. In other associations, it is
considered meritorious in a member to exert his
influence in obtaining applications for admission,
but it is wholly uncongenial with the spirit of our
Order to persuade any one to become a Mason.
"Whosoever seeks a knowledge of our mystic rites,
must first be prepared for the ordeal in his heart :
he must not only be endowed with the necessary
moral qualifications which would fit him for admis-
sion into a society which is founded on the purest

* Preston, (WusL p. 32, note, Ol. ed.) lays down the following as " the
Declaration to be assented to by every candidate previous to initiation, and
to be subscribed by his name at fnll length," and this form of declaration, it
may be added, has been almost verbally adhered to by all subsequent
authorities •

" I, [A. B.,] being free by birth, and of the full age of twenty-one years,
do declare, that, unbiased by the improper solicitation of friends, and unin-
fluenced by mercenary or other unworthy motives, Ifronly and voluntarily
offer myself a candidate for the mysteries of Masonry," &c.

OF CANDIDATES.

principles of virtue and religion, but he must come,
too, uninfluenced by the persuasions of friends.
This is a settled usage of the Order, and. therefore
nothing can be more painful to a true Mason than
to see this usage violated by young and needless
brethren. It cannot be denied that this usage is
sometimes violated : and this habit of violation is
one of those unhappy influences often almost in
sensibly exerted upon Masonry by the existence of
the many imitative societies to which the present
age, like those which preceded it, has given birth,
and which resemble Masonry in nothing, except in
having some sort of a secret ceremony of initiation.
And hence there are some men who, coming among
us, imbued with the principles and accustomed to
the usages of these modern societies* in which the
persevering solicitation of candidates is considered
as a legitimate and even laudable practice, bring
with them these preconceived notions, and consider
it as their duty to exert all their influence in per-
suading their friends to become members of the
Craft. Men who thus misconceive the true policy

* The evil influences exerted "by these societies on our institution have
frequently attracted attention. The Grand Inspectors for the city of Balti-
more, in the Grand Lodge of Maryland, make on this subject the following
remarks : " Many are crowding into our institution from other secret so-
cieties, having their prejudices and peculiar ideas and notions, with a disposi-
tion to make Masonry conform to what they have been taught elsewhere ;
and finding places of power and honor easy of access, are hardly sensible
of the burdens imposed upon Entered Apprentices, or conscious of what ma-
terial is necessary for the building, before they are superintending, as Mas
ters, its construction, and sometimes seem indignant that they should be told
they are spoiling the temple."— Proceedings G. L. of Md.f 1857, p. 35.

THE QUALIFICATIONS

of our institution, should be instructed ly their
older and more experienced brethren that it is
wholly in opposition to all our laws and principles
to ask any one to become a Mason, or to exercise
any kind of influence upon the minds of others,
except that of a truly Masonic life and a practical
exemplification of the tenets by which they may be
induced to ask admission into our Lodges. We
must not seek — we are to be sought.

And if this were not an ancient law, imbedded in
the very cement that upholds our system, policy
alone would dictate an adherence to the voluntary
usage. We need not now fear that our institution
will suffer from a deficiency of members. Our
greater dread should be that, in its rapid extension,
less care may be given to the selection of candi-
dates than the interests and welfare of the Order
demand. There can, therefore, be no excuse for
the practice of persuading candidates, but every
hope of safety in avoiding such a practice. It
should always be borne in mind that the candidate
who comes to our altar, not of his own " free will
and accord,"* but induced by the persuasion of his
friends, no matter how worthy he may otherwise
be, violates, by so coming, the requirements of the
institution on the very threshold of its temple, and,
in ninety-nine cases out of a hundred, fails to be-
come imbued with that zealous attachment to the

* The oldest rituals which I have been enabled to consult, preserve this 01
a similar form of words. The voluntary principle has always prevailed and
been recognised in every country.

OP CANDIDATES.

Order which is absolutely essential to the formation
of a true Masonic character.

The next internal qualification of a candidate is
that, in making his application, he must be uninflu-
enced by mercenary motives.* If the introduction
of candidates under the influence of undue solicita-
tion is attended with an injurious effect upon the
institution, how much more fatal must be the results
when the influence exerted is of a mean and ignoble
kind, and when the applicant is urged onwards only
by the degrading hopes of pecuniary interest or
personal aggrandizement. The whole spirit of the
Order revolts at the very idea of such a prostitution
of its noble purposes, and turns with loathing from
the aspirant who seeks its mysteries, impelled, not
by the love of truth and the desire of knowledge,
but by the paltry inducements of sordid gain.

" There was a time," says an eloquent and discern-
ing Brother ,t " when few except the good and true
either sough fc for or gained admission into Masonic
Lodges, for it was thought that such alone could
find their affinities there. Masons were then com-
paratively few, and were generally known and dis-
tinguished for those qualifications which the teach-
ings of the Order require on the part of all who
apply for admission. They were not of those who
would make merchandise of its benefits, by prosti

* This qualification is included in the Declaration from Preston, already
quoted on a preceding page.

i Brother W. H. Howard, Past Grand Master of California. See his
Address in the Proceedings of the Grand Lodge of California, 1857, p. 12.

THE QUALIFICATIONS

tuting them to the purposes of individual emolu
ment. They were not of those who would seek
through Masonic appliances to re-invigorate a de-
caying reputation, and gain a prominency within
the Lodge that was unattainable without- it ; or
worse still, to use its influences to gain prominency
elsewhere."

But that which was unknown in the times when
Masonry was struggling for its existence, and when
prejudice and bigotry barely tolerated its presence,
has now become a " crying evil" — when Masonry,
having outlived its slanderers, and wrought out its
own reputation, is to be classed among the most
popular institutions of the day. And hence it be-
comes incumbent on every Mason closely to inquire
whether any applicant for initiation is invited to his
pursuit by a love of truth, a favorable opinion
which he has conceived of the institution, and a
desire, through its instrumentality, of benefiting
his fellow creatures, or whether he comes to our
doors under the degrading influences of mercenary
motives.

The presence of these internal qualifications is to
be discovered, as I have already said, from the
statements of the candidate himself ; and hence by
an ancient usage of the Order, which should never
be omitted, a declaration to the necessary effect is
required to be made by the candidate in the presence
of the Stewards of the Lodge, or a committee ap-
pointed for that purpose, in an adjoining apartment,
previous to his initiation. The oldest form of thi?

OF CANDIDATES.

declaration used in this country is that contained in
Webb's Monitor * and is in these words :

"Po you seriously declare, upon your honor, before these
gentlemen, that, unbiassed by friends and uninfluenced by
mercenary motives, you freely and voluntarily offer yourself
a candidate for the mysteries of Masonry ?

" Do you seriously declare, upon your honor, before these
gentlemen, that you are prompted to solicit the privileges
of Masonry by a favorable opinion conceived of the insti-
tution, a desire of knowledge, and a sincere wish of being
serviceable to your fellow creatures ?

" Do you seriously declare, upon your honor, before these
gentlemen, that you will cheerfully conform to all the ancient
established usages and customs of the Fraternity ?"

Some Grand Lodges have slightly added to the
number of these questions, but the three above cited
appear to be all that ancient usage warrants or the
necessities of the case require.

SECTION n.

THE EXTERNAL QUALIFICATIONS.

We have already said that the external qualifica-
tions of every candidate are based upon his moral
and religious character, the frame of his body, the
constitution of his mind, and his social position.
These qualifications are therefore of a fourfold
nature, and must be considered under the distinct
heads of Moral, Physical, Intellectual and Political,

* Edition of 1808, p. 32. The Declaration previously i nbtished by Pres
ton differs very slightly from this.

THE QUALIFICATIONS

Moral Qualifications.

All the old Constitutions, from those of York in
926, to the Charges approved in 1722, refer, in
pointed terms, to the moral qualifications which
should distinguish a Mason, and, of consequence, a
candidate who desires to be admitted into the Fra-
ternity.* The Charges of 1722 commence with
the emphatic declaration that 14 a Mason is obliged
by his tenure to obey the moral law ; and if he
rightly understands the art, he will never be a
stupid atheist nor an irreligious libertine."! Obe-
dience, therefore, to a particular practical law of
morality and belief in certain religious dogmas,
seem to constitute the moral qualifications of every
candidate for admission into the Fraternity. The
proper inquiry will then be into the nature of this
law of conduct and these dogmas of belief.

The term " moral law/' in a strictly theological
sense, signifies the Ten Commandments which were
given to the Jewish nation ; but although it is admit-
ted that an habitual violatior of the spirit of these
laws' would disqualify a man from being made a
Mason, I am disposed to give a wider latitude to

* k< Every Mason shall cultivate brotnerly love, and the love of God, and
frequent holy church."— Old York Constitutions, point 1. " Ye shall be
true men to God and the holy church, and to use no error or heresy by your
anderstanaing and by wise men's teaching." — Installation Charges of 1686,
No. 1. " The persons admitted members of a Lodge must be good and true

men, no immoral or scandalous men, but of good report."

Charges of 1T22, No. 3. All of these are summed up in the ritualistic-
phrase that the candidate must be " under the tongue of good report."

•f And^son'i Constitulions, edit. 1723, p. 50.

OF CANDIDATES.

the definition, and to suppose that the moral laio
" denotes the rule of good and evil, or of right and
wrong, revealed by the Creator and inscribed on
man's conscience even at his creation, and conse-
quently binding upon him by divine authority."*
Dr. Anderson, the compiler of the first edition of the
Book of Constitutions, seems, in the latter part of
his life, to have inclined to this opinion ; for, in the
second edition of the same work, published in 1738,
he modified the language of the Charge above cited,
in these words : " A Mason is obliged by his tenure
to observe the moral law as a true Noachida "t
thus extending the limits of the law to those Pre-
cepts of Noah which are supposed to be of universal
obligation among all nations.} It 'is true that on
the publication of the third edition of the Constitu-
tions, in 1755, the Grand Lodge of England re-
stored the original reading of the Charge ; but the
fact that the alteration had once been made by
Anderson, is strong presumptive evidence that he
was unwilling to restrict the moral code of Masonry
to the commandments set forth by the Jewish law-
giver. Apart from the fact that many learned and
pious Christian divines have doubted how far the

* Encyclqp. of Helig. Knowled., art. Law. Boston, 1835.

f Anderson's Constitutions, 2d edit., 1738, p. 143.

% As these Precepts of the patriarch Noah are frequently referred to as
having been the constitutions of our ancient brethren, it may be well to
enumerate them. They are seven in number, and are as follows : 1. Re
nounce all idols. 2. Worship the only true God. 3. Commit no murder.
4. Be not defiled by incest. 5. Do not steal. 6. Be just.. 7. Eat no flesh
with blood in it

THE QUALIFICATIONS

Jewish law is to be considered binding, except as it
is confirmed by the express sanctions of the New
Testament * the consideration that Masonry, being
a cosmopolitan institution, cannot be prescribed
within the limits of any particular religion, must
lead us to give a more extended application to the
words " moral law/7 contained in the old Charge.
Hence, then, we may say, that he who desires to be-
come a Mason, must first be qualified for initiation
by a faithful observanse of all those principles of
morality and virtue which practically exhibit them-
selves in doing unto others as he would that they,
in like circumstances, should do unto him. This
constitutes the golden rule — the true basis of all
moral law. Tee man who thus conducts himself
will necessarily receive not only the reward of his
own conscience, but the approbation and respect of
the world ; to which latter consequence, as an evi-
dence of a well-spent life, the ritual refers when it
requires, as one of the qualifications of a candidate,
that he should be " under the tongue of good re-
port." The man who submits to" this rule, will of
necessity observe the decalogue ; not always because
it is the decalogue, but because its dictates are the
dictates of right and justice ; and he will thus come
strictly within the provisions of the old Charge,

* Thus Mabtin Luther says : " The law belongs to the Jews, and binds
us no more. From the text it is clear that the Ten Commandments also do
not belong to us, because he has not led ns out of Egypt, but the Jews only.
Moses we will take to be our teacher, but not as our lawgiver, unless ha
agrees with the New Testament and the natural law." Uhterricht wie sich
die Christen in Mosen schicken solien.

OP CANDIDATES.

even in its most limited acceptation, and will of
course " obey the moral law."

The religious qualifications are embraced in the
same Charge, under the expression, that if a Mason
" rightly understands the art, he will never be a
stupid atheist nor an irreligious libertine.1'

A belief in God is one of the unwritten Land-
marks of the Order, requiring no regulation or
statutory law for its confirmation. Such a belief
results from the very nature of the Masonic insti-
tution, and is set forth in the rituals of. the Order
as one of the very first pre-requisites to the cere-
mony of initiation. This Divine Being, the creator
of heaven and earth, is particularly viewed in Ma-
sonry in his character as the Great Master Builder
of the Worlds, and is hence masonically addressed
as the Grand Architect op the Universe.*

But consequent on a belief in him, and indeed
inseparably connected with it, is a belief in a
resurrection to a future life. This doctrine of a
resurrection is also one of the great Landmarks of
the Order, and its importance and necessity may be
estimated from the fact, that almost the whole de-
sign of speculative Masonry, from its earliest ori-
gin, seems to have been to teach this great doctrine
of the resurrection.!

As to any other religious doctrines, Masonry

* Very usually abbreviated thus, " G.A.O.T.U."

f " This our Order is a positive contradiction lo the Judaic blindness and
infidelity, and testifies our faith concerning the resurrection of the body;
HtJTcnnrsoN, Spirit of Masomy, p. 101.

THE QUALIFICATIONS

leaves its candidates to the enjoyment of their own
opinions, whatever they may be.* The word " liber-
tine," which is used in the old Charges, conveyed,
at the time when those Charges were composed, a
meaning somewhat different from that which is now
given to it. Bailey defines libertinism to be "a
false liberty of belief and manners, which will have
no other dependence but on particular fancy and
passion ; a living at large, or according to a per-
son's inclination, without regard to the divine
laws."t A " religious libertine" is, therefore, a re-
jector of all moral responsibility to a superior
power, and may be well supposed to be a denier of
the existence of a Supreme Being and of a future
life. Such a skeptic is, therefore, by the innate con-
stitution of speculative Masonry, unfit for initiation,
because the object of all Masonic initiation is to
teach these two great truths.

Within a few years an attempt has been made by
some Grand Lodges to add to these simple, moral,
and religious qualifications, another, which requires
a belief in the divine authenticity of the Scriptures.J

* " Though in ancient times Masons were charged in every country to be
of the religion of that country or nation, whatever it was, yet it is now
thought more expedient only to oblige them to that religion in which all men
agree, leaving their particular opinions to themselves." — Charges of 1722t
No. 1.

t Universal Etymological English Dictionary, anno 1737.

% In 1820, the Grand Lodge of Ohio resolved that " in the first degrees ot
Masonry, religious tenets shall not be a barrier to the admission or advance
ment of applicants, provided they profess a belief in God and his holy
word."— Proceedings of G. L. of Ohio, from 1808 to 1847 inclusive.
Vtlumbus 1557, p. 113. And in 1854 it adopted a resolution declaim^

OP CANDIDATES, 9o

It is much to be regretted that Masons will some-
times forget the fundamental law of their institu-
tion, and endeavor to add to or to detract from the
perfect integrity of the building, as it was left to
them by their predecessors. Whenever this is done,
the beauty of our temple must suffer. The Land-
marks of Masonry are so perfect that they neither
need nor will permit of the slightest amendment.
Thus in the very instance here referred to, the
fundamental law of Masonry requires only a belief
in the Supreme Architect of the universe, and in a
future life, while it says, with peculiar toleration,
that in all other matters of religious belief, Masons
are only expected to be of that religion in which all
men agree, leaving their particular opinions to
themselves. Under the shelter of this wise pro-
vision, the Christian and the Jew, the Mohammedan
and the Brahmin, are permitted to unite around
our common altar, and Masonry becomes, in practice
as well as in theory, universal. The~ truth is, that
Masonry is undoubtedly a religious institution — its
religion being of that universal kind in which all
men agree, and which, handed down through a long
succession of ages, from that ancient priesthood who

" that Masonry, as we have received it from our fathers, teaches the divine
authenticity of the Holy Scriptures."— Proc. G. Z., Ohio, 1854, p. 72.
Commenting on this resolution, the Committee of Correspondence of the
G. L. of Alabama say : " That some Masons may teach the divine authen-
ticity of the Holy Scriptures, is true, because some Masons are Christians ;
but Masonry does nothing of the sort, but leaves every man to his own
opinion upon that subject, a3 it does upon his politics, his religion, his pn>
fession."— .Proc. G. L. Ala., 1855, p. G7.

THE QUALIFICATIONS

first taught it, embraces the great tenets of the exist-
ence of God and the immortality of the soul —
tenets which, by its peculiar symbolic language, it
has preserved from its foundation, and still con-
tinues, in the same beautiful way, to teach. Beyond
this, for its religious faith, we must not and can-
not go.

It may, then, I think, be laid down as good Ma-
sonic law, with respect to the moral and religious
qualifications of candidates, that they are required
to be men of good moral character, believing in the
existence of God and in a future state. These are
all the moral qualifications that can be demanded,
but each of them is essential.

Physical Qualifications.

The physical qualifications of a candidate are re-
peatedly alluded to in the ancient Charges and
Constitutions,- and may be considered under the
three heads of Sex, Age, and Bodily Conformation.

1, As to Sex. — It is an unquestionable Landmark
of the Order, and the very first pre-requisite to ini-
tiation, that the candidate shall be " a man." This
of course prohibits the initiation of a woman. This
Landmark arises from the peculiar nature of our
speculative science as connected with an operative
art. Speculative Masonry is but the application of
operative Masonry to moral and intellectual pur-
poses. Our predecessors wrought, according to the
traditions of the Order, at the construction of a ma-

OF CANDIDATES.

terial temple, while we are engaged in the erection
of a spiritual edifice — the temple of the mind.
They employed their implements for merely me-
chanical purposes ; we use them symbolically, with
a more exalted design. Thus it is that in all our
emblems, our language, and our rites, there is a
beautiful exemplification and application of the
rules of operative Masonry to a spiritual purpose.
And as it is evident that King Solomon employed
in the construction of his temple only hale and
hearty men and cunning workmen, so our Lodges,
in imitation of that great exemplar, demand, as an
indispensable requisite to initiation into our myste-
ries, that the candidate shall be a man, capable of
performing such work as the Master shall assign
him. This is, therefore, the origin of the Land-
mark which prohibits the initiation of females.

2. As to Age. — The ancient Regulations do not
express any determinate number of years at the
expiration of which a candidate becomes legally en-
titled to apply for admission. The language used
is, that he must be of " mature and discreet age."*
But the usage of the Craft has differed in various
countries as to the construction of the time when
this period of maturity and discretion is supposed
to have arrived. The sixth of the Regulations,
adopted in 1663, prescribes that " no person shall be
accepted unless he be twenty-one years old, or
more ;" but the subsequent Regulations are less ex-

* " The persons admitted members of a Lodge must be ... , .
of mature and discreet age." — Clmrges of 1722, iii.

THE QUALIFICATIONS

plicit. At Frankfort-on-the-Maine, the age required
is twenty ; in the Lodges of Switzerland, it lias
been fixed at twenty-one. The Grand Lodge of
Hanover prescribes the age of twenty-five, but per-
mits the son of a Mason to be admitted at eighteen.*
The Grand Lodge of Hamburg decrees that the
lawful age for initiation shall be that which in any
country has been determined by the laws of the
land to be the age of majority. t The Grand Orient
of France requires the candidate to be twenty-one,
unless he be the son of a Mason, who has performed
some important service to the Order, or unless he
be a young man who has served six months in the
army, when the initiation may take place at the
age of eighteen. In Prussia the required age is
twenty-five. In England it is twenty-one, except in
cases where a dispensation has been granted for an
earlier age by the Grand or Provincial Grand Mas-
ter. In Ireland the age must be twenty-one, except
in cases of dispensation granted by the Grand Mas-
ter or Grand Lodge. In the United States, the
usage is general that the candidate shall not be less
than twenty-one years of age at the time of his ini-
tiation, and no dispensation can issue for conferring
the degrees at an earlier period.

This variety in the laws relating to this subject
conclusively proves that the precise age has never
been determined by any Landmark of the Order

* Statuten der Grossloge des Konigreicbs Hanover, 1839, § 222.
f Constitutions Rich der Grossen Loge zu Hamburg, 1845, § 459

OP CANDIDATE^.

The design and nature of the institution must in
this case be our only guide. The speculative charac-
ter of the society requires that none shall be admit-
ted to its mysteries except those who have reached
maturity and discretion ; but it is competent for
any Grand Lodge to determine for itself what shall
be considered to be that age of maturity. Perhaps
the best regulation is that adopted by the Grand
Lodge of Hamburg. Hence the Masons of this
country have very wisely conformed to the pro-
visions of the law on this subject, which prevail in
all the States, and have made the age of twenty-
one* the legal one for candidates applying for
admission.

" An old man in his dotage" is, like " a young
man under age," equally incapable of initiation.
The reason in both cases is the same. There is an
absence of that maturity of intellect which is re-
quired for the comprehension of our mysteries. In
one instance the fruit is still green ; in the other, it
has ripened and rotted, and is ready to fall from the
tree. Dotage may be technically defined to be an
impotence of body as well as of mind, from excess-
ive old age. It is marked by childish desires and
pursuits, a loss of judgment and memory, and a
senseless and unconnected garrulity of speech. No
precise age can be fixed to which these intellectual
deficiencies belong. They appear earlier in some
mental constitutions than they do in others. The

* Twenty-one is the age of majority prescribed by the civil law.

100

THE QUALIFICATIONS

Lodge must determine for itself as to whether the
candidate comes within the limits of the objection
based upon his dotage, Fortunately, it is rarely
that a Lodge or its committee will be called upon
to decide such questions. Old men in their dotage
are not usually candidates for Masonic initiation.
And however old an applicant may be, if he is in
the possession of his healthy mental faculties, his
age alone will constitute no disqualification. It is
not the number of his years, but their effect on his
mind, that is to be the subject of investigation.

3 . As to Bodily Conformation. — There is no part
of Masonic jurisprudence which has given greater
occasion to discussion in recent years than that
which refers to the bcdily conformation which is
required of the candidate. While some give a
strict interpretation to the language of the ancient
Constitutions, and rigorously demand the utmost
perfection of limbs and members, there are others,
more lax in their construction, who reject only such
as are from natural deformity or subsequent injury,
unable to perform the work of speculative Ma-
sonry. In a controversy of this kind, the only
way to settle the question is, to make a careful
and impartial examination of the authorities on
which the law which relates to physical conforma-
tion is founded.

The first written law that we find on this subject
is contained in the fifth article of the Gothic Con
rstitutions, adopted at York, in the year 926, and is
in these words :

OF CANDIDATES.

101

"A candidate must be without blemish, and ha\e the full
and proper use of his limbs ; for a maimed man can do the
Craft no good."*

The next enactment is to be found in the Regula-
tions of 1663, under the Grand Mastership of the
Earl of St. Albans, and is in these words :

" No person hereafter shall be accepted a Freemason but
such as are of able body."

The next Regulation, in order of time, is that
contained in " The Ancient Charges at Makings/'
adopted about the year 1686, the manuscript of
which was in the possession of the Lodge of Anti-
quity at London. It is still more explicit than
those which preceded it,' and is in the following
language :

H That he that be made be able in all degrees ; that is, free
born, of a good kindred, true, and no bondsman ; and that
he have his right limbs as a man cught to have."

* As this is a matter of great importance, I append the original languag*
of this article of the Gothic, or Old York Constitutions, as published by Mr.
Hulliwell:

" The mayster schal not, for no vantage,
Make no prentes that ys outrage ;
Hyt ys to mene, as Je mowe here,
That he have hys lymes hole alle y-fere ;
To the craft hyt were gret schame,
To make an halt mon and a lame ;
For an unparfyt mon of suche blod,
Schulde do the craft but lytul good.
Thus Je mowe knowe everychon,
The craft wolde have a myjhty mon ;
A maymed mon he hath no myjht,
Je mowe hyt knowe long Jer nyjht"

102

THE QUALIFICATIONS

And lastly, similar declarations, with respect to
physical ability, are made in the Charges approved
in 1722, which are as follows :

" No Master should take an Apprentice unless he has suf-
ficient employment for him, and unless he he a perfect youth,
having no maim or defect in his body that may render him
uncapahle of learning the art of serving his Master's lord,
and of being made a Brother," &c.

So far, then, the ancient Written Law of Masonry
seems undoubtedly to have contemplated the neces-
sity of perfection in the physical conformation of
candidates, and the inadmissibility of all who had
any defect of limb or member. In the early part
of the last century, this opinion must have generally
prevailed among the Craft ; for, in the second edi
tion of the Book of Constitutions, which was edited
by Dr. Anderson, and, after perusal, approved offi-
cially by such Masons as Desaguliers, Cowper and
Payne, the language of the first edition was so
altered as to leave no doubt of the construction that
the brethren at that oime put upon the clause relat-
ing to physical qualifications. The Charge in this
second edition is in the following unmistakable
words :

" The men made Masons must be free born, (or no bond-
men,) of mature ags and of good report, hail and sound, not
deformed or dismembered at the time of their making."

When the schism took place in the Grand Lodge
of England, in 1739, the Athol, or Ancient Masons,
as they called themselves, adopted this construction

OF CANDIDATES.

103

of the law, as is evident from the fact that, in their
Book of Constitutions, which they published under
the title of the " Ahiman Rezon," they incorporated
this Charge, word for word, from Anderson's edi-
tion of 1738 *

From that time until very recently, the same
rigid interpretation has been given to the law of
physical qualifications, as will ajJpear from the fol-
lowing analysis of Grand Lodge decisions.

The "Ahiman Rezon" of the Grand Lodge of
Pennsylvania, published in 1783, adopts the precise
language of Anderson's second edition, and there-
fore requires the candidates to be " hale and sound,
not deformed or dismembered at the time of their
makirig."f

The same language is used in the " Ahiman Re-
zon" of North Carolina and Tennessee, published in
the year 18054

* See Dermott's " Ahiman Rezon, or a Help to aU that are or would
be Free and Accepted Masons. " Lond. 1778, p. 29. Of course this work,
emanating from a body now acknowledged to have been irregular, can have
no authority in Masonic law. I quote it, however, to show what was the
general feeling of the Fraternity, of both sides, on this subject of physical
qualifications. There was here, at least, no difference of opinion.

f The Ahiman Rezon, abridged and digested, &c. Published by order
of the Grand Lodge of Pennsylvania. By William Smith, d.i>. Phila.,
1783, p. 28.

$ The Ahiman Rezon and Masonic Ritual. Published by order of the
Grand Lodge of North Carolina and Tennessee. Newbern, 1805, p. 18. It
is, in fact, a quotation, and so marked, either from Anderson's second edi-
tion, or from Dermott. But the same Grand Lodge, in 1851, adopted a
qualifying explanation, which admitted maimed or dismembered candidates,
provided their loss or infirmity would not prevent them from making ful'
proficiency in Masonry.

104

THE QUALIFICATIONS

The "Ahiman Rezon" of South Carolina, puh-
lished in 1307, is still more rigorous in its phraseo-
logy, and requires that " every person desiring
admission must be upright in body, not deformed or
dismembered at the time of making, but of hale and
entire limbs, as a man ought to be."* It is true
that the Grand Lodge which issued this work was,
at the time, an Atnol Grand Lodge ; but the subse-
quent editions of the work, published after the
Grand Lodge of South Carolina had become regu-
lar, in 1822 and 1852, retain the same language,t
and the law has always been rigidly enforced in
that jurisdiction.

The more recent opinions of a great number of
modern Grand Lodges, or of the enlightened Masons
who have composed their Committees on Corres-
pondence, concur in the decision that the candidate
for Masonry must be perfect and sound in all his
limbs.

The Grand Lodge of Missouri, in 1823, unani-
mously adopted the report of a committee of that
body, which required, as a physical qualification of
candidates for initiation, that they should be t£ sound
in mind and all their members and at the same
time a resolution was enacted, declaring that " the
Grand Lodge cannot grant a letter of dispensation

* An Ahiman jRezon, for the use of the Grand Lodge of South Carolina.
By Bro. Frederick Dalcho, m. d. Charleston, 1807, p. 17.

1 The Ahiman Iiezon, or Book cf Constitutions of the Grand Lodge cf
A.ncient Freemasons of South Carolina. Edited by Albert G. Mackey
m. d. Charleston, 1852, p. 57.

OF CANDIDATES.

105

to a subordinate Lodge, working under its jurisdic
tion, to initiate any person maimed, disabled, or
wanting the qualifications established by ancient
usage.*

The Committee of Correspondence of the Grand
Lodge of Georgia, in 1848, made this candid ad-
mission : " The conviction has been forced upon our
minds, even against our wills, that we depart from
the ancient Landmarks and usages of Masonry
whenever we admit an individual wanting in one
of the human senses, or who is in any particular
maimed or deformed."!

In 1846, the Grand Master of the Grand Lodge
of Indiana, in cautioning his brethren against the
laxity with which the regulations relating to physi-
cal and other qualifications were sometimes inter-
preted, remarked as follows-: "Let not any one
who has not all the qualifications required by our
Constitutions and Kegulations, be admitted. See
that they are perfect men in body and mind."J

The Grand Lodge of Maryland, in 1848, adopted
a resolution requiring its subordinates, in the initia-
tion of candidates, " to adhere to the ancient law,
(as laid down in our printed books,) which says he
shall be of entire limbs."§

The Grand Master of the Grand Lodge of New
Jersey, (Bro. John P. Lewis,) in his annual address,

* Proceedings G. L. of Missouri, 1823 , p. 5.
f Proceedings G. L. of Georgia, 1848, p. 36.
i Proceedings G. L. of Ind., 1846.
§ Proceedings G. L. of Md., Nov., 1848:

106 • THE QUALIFICATIONS

in 1849, made the following very pertinent remarks
on this subject :

"I received from the Lodge at Ashley a petition to initiate
into our Order a gentleman of high respectability, who Tin-
fortunately has been maimed. T refused my assent. . . .
I have also refused a similar request from the Lodge of which
I am a member. The fact that the most distinguished Ma-
sonic body on earth has lecently removed one of the Land-
marks, should teach us to be careful how we touch those
ancient boundaries."*

The Grand Lodge of Florida, at one time, was
disposed to permit the initiation of maimed candi-
dates, with certain restrictions, and accordingly
adopted a provision in its constitution to that effect ;
but subsequently, to borrow the language of Bro. T.
Brown, the Grand Master, " more mature reflection
and more light reflected from our sister Grand
Lodges, caused it to be stricken from our consti-
tution.^

On the other hand, there appears to be among
some Masons a strong disposition to lay aside the
ancient Regulation, or at least so to qualify it as to
take from it all its distinctive signification, and, by
a qualification of the clause, to admit maimed or de-
formed persons, provided that their maim or de
formity be not of such a grievous nature as to
prevent them from complying with all tlie requisi-

* Proceedings G. L. of N. J., 1849. In the last sentence, he alludes to
the Grand Lodge of England, which substituted the word " free" for " fi*eo
born" in the old C mrgcs.

t Proc. G, I w ol Fla. Address of Grand Master Brown.

OP CANDIDATES.

107

tions of the Masonic ritual.* This tendency to a
manifest innovation arose from a mistaken view
that the present system of speculative Masonry is
founded on one that was formerly altogether opera-
tive in its character ; and that as the physical
qualifications originally referred solely to operative
Masons, they could not be expected now to apply
to the disciples of an entirely speculative science.

This opinion, erroneous as it is, has been very
well set forth by the Committee of Correspondence
of the Grand Lodge of North Carolina., in the fol-
lowing language :

" When Masonry was an operative institution — when her
members were a fraternity of working men — monopolizing
the architecture of the world, it was improper to introduce
into the Fraternity any who were defective in limb or mem-
ber ; for such imperfection would have prevented them from
performing the duties of operative Masons. In process of
time, the operative feature gave place to the speculative, when
the reason for excluding maimed candidates no longer exist-
ing, there was no impropriety in receiving them, provided
their deformity, maim or infirmity, was not of such a nature
as to prevent them from studying and appreciating specula-
tive Masonry."f

Again : in a similar spirit of lax observance, and
with the same mistaken views of the origin of the

* Thus the Constitution of the Grand Lodge of Ohio says : " When the
physical disabilities of a candidate are not such as to prevent him from being
initiated into the several degrees and mysteries of Freemasonry, his admis-
sion shall not be construed an infringement of the ancient Landmarks ; but,
on the contrary, will be perfectly consistent with the spirit of the institution.'
—17th Regidalioru

f Proc. G. J> of N. C., 1849. Report of Com. of Corrcsp., p. 101

108

THE QUALIFICATIONS

institution, the Committee of the Grand Lodge of
Mississippi, in 1845, made the following remarks :

" Masonry originated- in an age of the world comparatively
rude and barbarous, at a time when strength of body was
more valued than vigor of intellect. It was instituted by an
association of men united together for the prosecution of
physical labors. But even at this early period, their ties and
obligations were fraternal. This made them solicitous to
exclude from the Fraternity all who were likely to become
burdensome, rather than useful, and consequently to require
that initiates should be whole in body as well as sound in
mind. But the world has changed, and Masonry has changed
A subsistence is now more easily obtained by mental endow->
ments than by physical perfection. This institution has now
become speculative and moral : it has entirely lost its opera-
tive character. The reason for requiring bodily perfection
in candidates has ceased to exist. "f

This supposed change of our institution from an
entirely operative to an entirely speculative charac
ter — a supposition that has no foundation in history
or tradition — appears to be the only reason that
has ever been urged for the abrogation of an ancient
law, and the abandonment of an universal usage.
The argument has been repeatedly answered and
overthrown by distinguished Masonic writers, but
never more ably than by Bro. Yates, of New York,
and by Bro, B-ockwell, of Georgia.

Bro. Giles F. Yates, as Chairman of a Special
Committee of the Grand Lodge of New York,
makes the following admirable remarks on the pro-

f Proc. G. L. of Miss., 1845, p. 54. Report of Special Cora. The report
was agreed to.

OP CANDIDATES.

109

positions emanating from the Committee of the*
Grand Lodge of Mississippi :

" Freemasonry, in its original institution, was not 1 formed
by an association of men exclusively for the prosecution of
physical labors.' It has always been speculative and moral.
The secret societies of antiquity, from which we can trace a
lineal descent, were not devoted exclusively to the physical
labors attendant upon the erection of buildings, whether of
wood or stone. They were the depositories of other arts
and sciences besides architecture. They moreover taught
sublime truths and duties towards God and regarding the
world to come, as well as towards our neighbors, and the
' brothers of the mystic tie.' Our ancient brethren were, in
effect, more eminently speculative or spiritual than operative
or practical Masons. Those take too contracted a view of
the subject who infer that, because in the sixteenth century
and previous, the York architects in England were the al-
most exclusive conservators of certain essentials in our mys-
teries ; therefore the reason of the law in question had
reference in olden times to operative Masons only. The ra-
tionale of the law, excluding persons physically imperfect
and deformed, lies deeper, and is more ancient than the
source ascribed to it. It is grounded on a principle recog-
nized in the earliest ages of the world, and will be found
identical with that which obtained among the ancient Jews.
In this respect the Levitical law was the same as the Masonic,
which would not allow any ' to go in unto the veil' who had
a blemish — a blind man, or a lame, or a man that was broken
footed or broken handed, or a dwarf," &c*

In the proceedings of the Grand Lodge of
Georgia, for the year 1852, is to be found an able
report, by Bro. W. S. RockwcH, then the Chairman

* Proc. G. L. of N. Y., 1848, p. 37.

110

THE QUALIFICATIONS

of the Committee of Correspondence, in which he
discusses the question of the admission of maimed
candidates. After tracing the existence of this law
to remote antiquity, and finding it in the Egyptian
and Mosaic rites, he proceeds to discuss its symbolic
meaning in the following language :

" Aside from the argument derived from the letter of the
law, its relaxation destroys. In an eminent degree, the sym-
bolical relation of the Mason to his Order. The writer of
these views has often had occasion to note the consistent
harmony of the entire ritual of the Craft in considering the
esoteric signification of its expressive symbols. We teach
the neophyte that the wonderful structure which rose by the
command of Solomon to be the visible dwelling place of the
God of Israel, was built * without the sound of axe or ham-
mer, or other tool of iron being heard in the building/ wooden
instruments alone being used to fix the stones, of which it
was constructed, in their proper place. ' Stone and rock] says
Portal, ' on account of the hardness and the use to which
they were put, became (among the Egyptians) the symbol
of a firm and stable foundation. Relying on the interpreta-
tion of the Hebrew, by one of the most celebrated Hebrew
scholars of Germany, we shall consider the stone as the sym-
bol of faith and truth. Precious stones in the Bible expressly
bear the signification of Truth. Of this the Apocalypse
furnishes many examples. The monuments of Egypt call
precious stones the hard stones of truth. By conti'ast to the
signification of truth and faith, the stone also received, in
Egypt and the Bible, the signification of error and impiety,
and was dedicated among the Egyptians to the Infernal
Spirit, the author of all falsehood. The stone specially con-
secrated to Seth or Typhon, the Infernal Deity, was the cut
stone ; and this species of stone received, in the language of
the monuments, the name of Seth (Satan). The symbol of
Truth was the Jiard stone ; that of Error, the soft stone, which

OF CANDIDATES.

Ill

could be cut.' The same symbolism appears to have existed
among the Hebrews : ' If thou wilt make me an altar of stone,
thou shalt not build it of hewn stone' was the command of
Jehovah ; ' for if thou lift thy tool upon it, thou hast polluted
it.' (Ex. xx. 25.) ' Thou shalt build the altar of the Lord
thy God of whole stones.' (Deut. xxvii. 4.) That is, unhewn
stones, and of whole stones, (literally perfect stones), trans-
lated in our version, 1 of stones made ready before it was
brought thither,' did Solomon build the Holy of Holies. It
was eminently proper that a temple erected for the worship
of the God of Truth, the unchangeable I am, should be con-
structed of whole stones, perfect stones, the universally
recognized symbols of this his great and constant attribute.
The symbolic relation of each member of the Order to its
mystic temple, forbids the idea that its constituent portions,
its living stones, should be less perfect, or less a type of
their great original, than the inanimate material which formed
the earthly dwelling place of the God of their adoration.
We, the successors of those who received their initiatory
rites at the hands of Moses and Solomon, received also, with
this inestimable inheritance, the same symbols, and with the
same expressive signification.

" Enough has been said to show at how remote a period in
the history of Masonry this important Landmark was erected.
Can man, in his short-sighted notions of convenience, vary
its meaning ? — can a Mason, the solemnly installed Master of
a Lodge of his brethren and equals, consistent with the obli-
gations he has voluntarily imposed upon himself, remove it
from its place ?"*

With this thorough view of the historical and
symbolical reasons upon which the ancient usage is
founded, it is astonishing that any Grand Lodge
should have declared that when the maim or defect

* Vroc G. T,. of Geo., 1852.

112

THE QUALIFICATIONS

is not such as to prevent the candidate from com-
plying with the ritual ceremonies of Masonry, he
may be initiated.* No such qualifying clause is to
be found in any of the old Constitutions. Such a
liberal interpretation would give entrance in many
Lodges to candidates who, though perhaps in pos-
session of their legs and arms, would still be marked
with some other of those blemishes and deformities
which are expressly enumerated by Moses as causes
of exclusion from the priesthood, and would thus
utterly subvert the whole symbolism of the law.f
It cannot be obeyed in a half way manner. If ob-
served at all, (and the omission to observe it would
be an innovation,) it must be complied with to the
letter. In the language of Dr. Clarke, a portion
of whose remarks have been quoted by Bro. Rock-
well, the law excluding a man having any blemishes
or deformities, is " founded on reason, propriety,

* Thus, Bro. H. W. Walter, the D. G. M. of the Grand Lodge of Missis-
tnppi in 1845, says : " We may safely conclude that a loss or partial depriva-
tion of those physical organs which minister alone to the action of the body,
do not disqualify ; but that the loss of those upon which the mind depends
for its ideas of external objects, certainly would."— Proc. G. L. of Miss.t
1845, p. 12. I quote this very singular opinion simply to show into what in-
extricable confusion we are likely to be led, the instant we begin to make a
compromise between the stern dictates of the law and the loose interpreta-
tions of expediency. Under this construction a deaf man could not be initia-
ted, but one with both legs amputated at the hip joint could.

t 14 We consider this construction altogether gratuitous, and a grave objec-
tion to it is its indefiniteness for all practical purposes. If the interpretation
be correct, it may pertinently be asked, what degree of disability must be
established — a quarter, half, three-fourths, or total ? There is no such con-
dition or proviso to the rule in question laid down in the Book of Constitu
tions.". -Giles F. Yates, Special Report to G. L. ofN. r.,1845, p. 37

OP CANDIDATES.

113

common sense, and absolute necessity." Moreover,
in Masonry, it is founded on the Landmarks, and is
illustrative of the symbolism of the Order, and
will, therefore, admit of no qualifications. The
candidate for initiation " must," to use the language
of the Gothic Constitutions of 926, " be without
blemish, and have the full and proper use of -his
limbs."

It is usual, in the most correct rituals of the third
degree, especially to name eunuchs, as being incap-
able of initiation. In none of the old Constitutions
and Charges is this class of persons alluded to by
name, although of course they are comprehended
in the general prohibition against making persons
who have any blemish or maim. However, in the
Charges which were published by Dr. Anderson, in
his second edition, they are included in the list of
prohibited candidates.* It is probable from this
that at that time it was usual to name them in the
point of the OB. referred to ; and this presump-
tion derives strength from the fact that Dermott, in
copying his Charges from those of Anderson's
second edition, added a note complaining of the
" moderns" for having disregarded this ancient law,
in at least one instance.! The question is, how-

* " The men made Masons must be free born, (or no bondmen,) of mature
age, and of good report, hale and sound, not deformed or dismembered at
the time of their making. But no woman, no eunuch." — Anderson, second
edition, p. 144. The Grand Lodge of New York has incorporated this clause
into its Constitution : § 8, par. 9. It is also found in the " Ahiman Re/on"
of South Carolina, and some other States.

* Dermott says, in the note referred to : 4 This is still the law of ancieD*

THE QUALIFICATIONS

ever, not worth discussion, except as a matter of \
ritual history, since the legal principle is already
determined that eunuchs cannot be initiated because
they are not perfect men, " having no maim or de-
fect in their bodies."

Mental Qualifications.

The ancient Constitutions are silent, except per-
haps by implication, on tne subject of the mental
qualifications of candidates ; and we are led to our
conclusions simply by a consideration of the charac-
ter of the institution and by the dictates of common
sense, as to who are capable of appreciating the
nature of our system, for they alone, it is to be sup-
posed, are competent to become its disciples. The
question which is first to be answered is, what
amount of talent and of mental cultivation are
necessary to qualify a person for initiation ?

Dr. Oliver tells us that Masonry is an order " in
which the pleasing pursuits of science are blended
with morality and virtue on the one hand, and be-
nevolence and charity on the other." And Lawrie
declares that its object is " to inform the minds of
its members by instructing them in the sciences and
useful arts." Smith, Hutchinson, Preston, and other
more recent writers, all concur in giving a scientific
and literary character to the institution.

Masons, though disregarded by our brethren, (I mean our sisters) the mo-
del q Masons, who (some years ago) admitted Signor Singsong, the eunuch,
T--iid-ci,at one of their Lodges in the .Strand, London. And upon a late
trial at Westminster, it appeared that they admitted a woman called Madam
D'E ." >-Dermott, Ahiman Jtezon, p. 29.

OP CANDIDATES.

115

It docs not, however, follow from this that none
but scientific and literary men are qualified to bo
made Masons. To become a master of Masonic
science — to acquire the station of a " teacher in
Israel" — it is certainly necessary that there should
be first laid a foundation of profane learning, on
which the superstructure of Masonic wisdom is to
be erected. But all Masons cannot expect to reach
this elevated point ; very few aspire to it ; and
there must still remain a great mass of the Frater-
nity who will be content with the mere rudiments
of our science. But even to these, some prepara-
tory education appears to be necessary. A totally
ignorant man cannot be even a " bearer of burdens"
in the temple of Masonry.

The modern Constitutions of the Grand Lodge
of England are explicit on this subject • for, in de-
scribing the qualifications of a candidate, they say
that " he should be a lover of the liberal arts and
sciences, and must have made some progress in one
or. other of them." This rule, however, it is well
known, is constantly disregarded ; and men with-
out any pretensions to liberal education are con-
stantly initiated in England.

In a note to this clause of the Constitution, it is
added, that " any individual who cannot write, is
consequently ineligible to be admitted into the
Order." This rule is perhaps more rigorously ob-
served than the other ; and yet I have known a few
instances in which men incapable of writing have
been initiated. And it was in reference to a fact

116

THE QUALIFICATIONS

.of this kind that the Grand Lodge of South Caro-
lina, in 1848, deelared that though " there is no in-
junction in the ancient Constitutions prohibiting
the initiation of persons who are unable to read or
write ; yet, as speculative Masonry is a scienti-
fic institution, the Grand Lodge would discourage
the initiation of such candidates as highly inex-
pedient."

It may be said in reply, that in the early days of
Freemasonry, the arts of reading and writing were
not generally disseminated among the masses of the
people, and that in all probability the great ma-
jority of the Craft were not in possession of those
literary qualifications. But this latter statement is
a gratuitous assumption, of the correctness of which
we have no proof. On the contrary, we find
throughout all our ancient Regulations, that a dis-
tinction was made by our rulers between the Free-
masons and those who were not free, indicating
that the former were of a superior class ; and may
we not suppose that a rudimentary education formed
a part at least of that claim to superiority ? Thus,
in the conclusion of the fifth chapter of the Charges,
approved in 1722, it is said : " No laborer shall be
employed in the common work of Masonry, nor
shall Freemasons work with those who are not free,
without an urgent necessity."

But, exclusive of the written law upon the sub-
ject, which perhaps was silent, because it deemed
so evident and uniformly observed a regulation un-
necessary to be written, we are abundantly taught

OF CANDIDATES.

117

by tne nature of the institution, as exemplified in its
ritual, that persons who cannot read and write are
ineligible for initiation. In the first degree, a test
is administered, the offering of which would be
manifestly absurd, if the person to whom it was
offered could neither read nor write ; and in the
presentation of the letter G, and all the instructions
on that important symbol, it must be taken for
granted that the candidate who is invested with
them must be acquainted with the nature and power
of letters.

Idiots and madmen, although again the written
law is silent upon the subject, are excluded by the
ritual law from initiation, and this from the evident
reason that the powers of understanding are in the
one instance absent, and in the other perverted, so
that they are both incapable of comprehending the
principles of the institution, and are without any
moral responsibility for a violation or neglect of its
duties.

It has sometimes been mooted as a question,
whether a person, having once been insane, and then
restored to health, is admissible as a candidate.
The reply to the question depends on the fact
whether the patient has been fully restored or not.
If he has, he is no longer insane, and does not come
within the provisions of the law, which looks only
to the present condition, mental, physical or moral,
of the candidate. If he has not, and if his apparent
recovery is only what medical men call a lucid in-
terval, then the disease of insanity, although not

118

THE QUALIFICATIONS

actually evident, is still there, but dormant, and the
individual cannot be initiated. This is a matter
the determination of which is so simple, that I
should not have even alluded to it, were it not that
it was once proposed to me as a question of Masonic
law, which the Lodge proposing it had not been
able satisfactorily to solve.

Political Qualifications.

The political qualifications of candidates are those
which refer to their position in society. To only
one of these do any of the ancient Constitu-
tions allude. We learn from them that the can-
didate for the mysteries of Masonry must be " free
born."

As far back as the year 926, this Regulation was
in force ; for the Old York or Gothic Constitutions,
which were adopted in that year, contain the fol-
lowing as the fourth article :

" The son of a bondman shall not be admitted as an Ay-
prentice, lest, when he is introduced into the Lodge, any of
the brethren should be offended."

Subsequently, in the Charges approved in 1722, it
is declared that " the persons admitted members of
a Lodge must be free born." And there never has
been any doubt that this was the ancient law and
usage of the Order.

In the ancient Mysteries, which are generally sup
posed to be the prototype of the Masonic institution,
a similar law prevailed ; and no slave, or man born

OP CANDIDATES.

119

In slavery, although afterwards manumitted, could
be initiated.*

The reason assigned in the old York Constitu-
tions for this Regulation, does not appear to be the
correct one.

, Slaves and persons born in servitude are not
initiated, because, in the first place, as respects
the former class, their servile condition renders
them legally incapable of making a contract ; in
the second place, because the admission of slaves
among freemen would be a violation of that social
equality in the Lodge which constitutes one of the
Landmarks of Masonry ; and in the third place, as
respects both classes — the present slave and the
freedman who was born in slavery — because the
servile condition is believed to be necessarily accom-
panied by a degradation of mind and an abasement
of spirit which unfit them to be recipients of the
sublime doctrines of Freemasonry. It is in view
of this theory that Dr. Oliver has remarked, that
" children cannot inherit a free and noble spirit ex-
cept they be born of a free woman." And the
ancient Greeks, who had much experience with this
class of beings, were of the same opinion ; for they
coined a word, douXorfpeteia, or slave- manners, to desig-
nate any great impropriety of manners, because such

* " The requisites for initiation were, that a man should be a free born
denizen of the country, as well as of irreproachable morals. Hence, neither
slaves nor foreigners could be admitted to the peculiar mysteries of any na-
tion, because the doctrines were considered of too much value to be entrusted
to the custody of those who had no interest in the general welfare of the
community." — Oliver, Landmarks, vol. i. p. 110. '

120

THE QUALIFICATIONS

conduct was supposed to characterize the helots, or
slaves.

But Masonic writers have also given a less prac-
tical reason, derived from the symbolism of the
Order, for the restriction of the right of initiation
to the free born. It is in this way supposed that
the Eegulation alludes to the two sons of Abraham-
Isaac, by his wife Sarah, and Ishmael, by his bond-
woman, Hagar. This is the explanation that was
given in the old Prestonian Lectures ;'* but I am in-
clined to believe that the practical reason is the
best one. The explanation in the Lectures was de-
rived from the usage, for the latter certainly long
preceded the former.

The Kegulations of the Grand Lodge of England
carry this idea of freedom of action to its fullest
extent, and declare that " it is inconsistent with the
principles of Masonry for any Freemason's Lodge
to be held for the purposes of making, passing, or
raising Masons in any prison or place of confine-
ment." This resolution was adopted in consequence
)f a Lodge having been held in 1782, in the King's

* Thus the oid English Lectures speak of" that grand festival which Abra-
am made at the weaning of his son Isaac, when Sarah, seeing Ishmael, the
Bon of Hagar, the Egyptian bondwoman, mocking, teazing and perplexing
her son, (and fearing, if they were brought up together, that Isaac might im-
bibe some of Ishmael's slavish principles,) she remonstrated with Abraham
Baying, ' Put away this bondwoman and her son, for such shall not inherit
with our free born.' Besides, she well knew, by Divine inspiration, that from
Isaac's loins would spring a great and mighty people, who would serve the
Lord with freedom, fervency and zeal ; and it is generally remarked, even
at this time, that the minds of slaves are less enlightened than those of the
free born."

OF CANDIDATES.

121

Bench prison. No such Regulation has ever been
adopted in this country, perhaps because there has
been no occasion for it. The ancient Constitutions
are also silent upon the subject ; but there seems little
reason for doubting the correctness of the sentiment
that Lodges should only be held in places where the
utmost freedom of ingress and egress prevails.

A few years ago, the Grand Lodge of England
undertook to change the language of the old
Charges, and to interpolate the word "free" for
" free born," by which means manumitted slaves, the
children of bondwomen, were rendered eligible for
initiation. This unwarranted innovation, which was
undoubtedly a sacrifice to expediency, has met with
the general condemnation of the Grand Lodges of
this country.

We conclude this chapter on the qualifications of
candidates with this summary: — The person who
desires to be made a Mason must be a man* — no
woman nor eunuch ;t free born ;$ neither a slave
nor the son of a bondwoman ; a believer in God
and a future existence ;§ of moral conduct ;|| capable
of reading and writing ;T not deformed or dismem-
bered, but hale and sound in his physical conforma-
tion, having his right limbs, as a man ought to have.**

* Ch3?gesof 1722, No. iii.

f Deduced from analogy and from Anderson's second edit., p. 144.
•j: Old York Constitutions, art. 4, and all subsequent Constitutions.
§ Charges of 1722 and Landmarks 19 and 20, ante p. 32.
|| Charges of 1722, No. iii.

IT Deduced from ritual observances and the nature of the institution.
** Regulations of 1663, No. ii.

CHAPTEE II.

&ljt petition of <tantfVtxntt»*

A candidate, qualified in the way described ic
the preceding chapter, and being desirous of admis-
sion into the Order, must apply to the Lodge near-
est to his place of residence, by means of a petition
signed by himself, and recommended by at least two
members of the Lodge to which he applies.

This is the simple statement of • the law ; but
there are several points in it which require further
consideration.

In the first place, he must apply by written peti-
tion. No verbal nomination of a candidate will be
sufficient. The petition must be written, because it
is to be preserved by the Secretary in the archives
of the Lodge, as an evidence of the fact of applica-
tion, which, in the event of a rejection of the appli-
cant, or, as he is more usually called, the petitioner
may become of some importance. The form of the
petition is also to be attended to. I am not of the
opinion that a oetition, drawn up in a form differ-
ent from that usually adopted, would be liable to
rejection for a want of formality ; and yet, as ex
perience has caused a particular form to be adopted.

THE PETITION OF CANDIDATES.

123

it is better and more convenient that that form
should be adhered to. The important and essential
points of the petition are, that it shall declare the
place of residence, the age, and the occupation of
the petitioner.* These declarations are made that
the committee to whom the petition is to be re-
ferred for inquiry, may be materially assisted in
their investigations by this identification of the
petitioner.

The petition must be signed in the handwriting
of the petitioner. This appears to be the general
usage, and has the sanction of all ritual writers.*!*
The Grand Lodge of England expressly requires it
to be done,£ and assigns, in its Constitutions, as a
necessary deduction from the requisition, that those

* The form laid down by Webb, in his " Freemason's Monitor," is that
usually adopted in this country, and is unobjectionable for brevity and suf-
ficiency. It is in these words :

" To the Worshipful Master, Wardens and Brethren of Lodge, No.-

of Free and Accepted Masons.

" The petition of the subscriber respectfully sheweth, that having long
entertained a favorable opinion of your ancient institution, he is desirous of
being a member thereof, if found worthy.

" His place of residence is ; his age, years ; his occupa-
tion . [Signed]

" A. B."

t " The declaration to be assented to by every candidate previous to ini-
tiation, and to be subscribed by his name at full length." — Preston, Ol ed.,
p. 32. " All applications for initiations should be made by petition in writ-
ing, signed by the applicant."— Webb, p. 31. " Every person ....
shall be proposed by a member, in writing, which shall be signed by the can-
didate."— Dalcho, p. 31. <! The candidate is required to

sign the following form of petition."— Dove, Masonic Text Book, p. 150.
But it is unnecessary to multiply quotations.

i " He must, previous to his initiation, subscribe his name at full length tc
a declaration."— OonstiMions of the G. L. of England, ed. 1845, p. 86.

124

THE PETITION

who cannot write are ineligible for initiation. *
Much carelessness, however, exists in relation to
this usage, and it is by no means an uncommon
practice for a member to sign a petition on behalf
and at the request of the petitioner. This practice
is, nevertheless, to be condemned. The signature
should always be made by the applicant himself.
In this way, if there were no other good reason, we
should at least avoid the intrusion of wholly unedu
cated persons into the fraternity.

The petition must be recommended by at least
two members of the Lodge. Preston requires the
signature to be witnessed by one person, (he does
not say whether he must be a member of the Lodge
or not,) and that the candidate must be proposed in
open Lodge by a member.f Webb says that " the
candidate must be proposed in form, by a member
of the Lodge, and the proposition seconded by
another member."^ Cross, whose " Masonic Chart"
gradually superseded that of Webb in this country,
(principally on account of its numerous illustra-
tions, for otherwise it is an inferior work,) says that
a recommendation, the form of which he gives, " is
to be signed by two members of the Lodge,"§ and
he dispenses with the formal proposition. These
gradual changes, none of them, however, substan-

* In a note to the Constitutions, as above cited, it is added : " Any indi-
vidual who cannot write is consequently ineligible to be admitted into the
Order."

f Preston, " Illustrations," p. 32.

t Webb, " Monitor," p. 32.

§ Cross, " True Masonic Chart," p. 13.

OF CANDIDATES.

125

dally affecting the principle, have at last resulted in
the present simpler usage, which is, for two mem-
bers of the Lodge to affix their names to the peti-
tion, as recommenders of the applicant.

The application must be made to the Lodge
nearest the candidate's place of residence. This is
now the general usage in this country, and may be
considered as Masonic custom by almost universal
consent. It must, however, be acknowledged, that
no express law upon this subject is to be found
either in the Ancient Landmarks or the Old Consti-
tutions, and its positive sanction as a law in any
jurisdiction, must be found in the local enactments
of the Grand Lodge of that jurisdiction. Still
there can be no doubt that expediency and justice to
the Order make such a regulation necessary, be-
cause it is only in the neighborhood of his own resi-
dence that the character of a candidate can be
thoroughly investigated ; and hence, if permitted to
apply for initiation in remote places, there is danger
that unworthy persons might sometimes be intro
duced into the Lodges. Accordingly, many of the
Grand Lodges of America have incorporated such
a regulation into their Constitutions,* and of course,

* " Subordinate Lodges shall not receive a petition for initiation from ai.
applicant who lives nearer to another Lodge than the one he petitions, with-
out first obtaining the unanimous consent of the other Lodge at a regular
meeting."— Grand Lodge of Illinois. " No candidate shall be received in
any IiOdge but the one nearest his residence/' — G. L. of Ohio. California
requires the applicant to have resided in the stato for twelve months, and ir.
the jurisdiction of the Lodge for three months. Nearly all the Grand Lodg>i
have made a similar regulation.

126

THE PETITION

wherever this has been done, it becomes a positive
law in that jurisdiction.

As a corollary to this last mentioned regulation,
ii follows, that a non-resident of a state is not en-
titled, on a temporary visit to that state, to apply
for initiation. But on this point I speak with much
hesitation, for I candidly confess that I find no
Landmark nor written law in the Ancient Constitu-
tions which forbids the initiation of non-residents.
Still, as there can be no question that the conferring
of the degrees of Masonry on a stranger is always
inexpedient, and frequently productive of injury
and injustice, by foisting on the Lodges near the
candidate's residence an unworthy and unacceptable
person, whose only opportunity of securing admis-
sion into the Order was by offering himself in a
place where the unworthiness of his character was
unknown, there has consequently been, within the
last few years, a very general disposition among
the Grand Lodges of this country to discountenance
the initiation of non-residents. Many of them have
adopted a specific regulation to this effect, and in
all jurisdictions where this has been done, the law
becomes imperative ; for, as the Landmarks are
entirely silent on the subject, the local regulation is
left to the discretion of each jurisdiction.

But a few Grand Lodges have extended their
regulations on this subject to what I cannot but
conceive to be an indefensible limit, and declared,
that residents of their own jurisdiction, who have
thus been initiated in foreign states, shall be

OF CANDIDATES.

127

deemed to be illegally or clandestinely made, and
shall not, on their return home, be admitted to the
rights of Masonry, or be recognized as Masons.

This regulation, I have said, is indefensible, be-
cause it is exercising jurisdiction, not simply over
Lodges and Masons, but also over the profane, for
which exercise of jurisdiction there is and can be
no authority. The Grand Lodge of Missouri, for
instance, may declare whom its Lodges may, and
whom they may not initiate, because every Grand
Lodge has supreme jurisdiction over its subordi-
nates ; but it cannot prescribe to a profane that he
shall not be initiated in the State of New York, if
the Grand Lodge of that state permits one of its
subordinates to receive him, because this would be
exercising jurisdiction, not only over a Lodge in
another state, but over persons who are not mem-
bers of the craft. If the Grand Lodge of New
York should permit the initiation of non-residents,
there is no authority to be found in the Landmarks
or Constitutions of the Order under which the
Grand Lodge of Missouri could claim to interfere
with that regulation, or forbid an uninitiated citizen
of St Louis from repairing to New York and ap-
plying for initiation. Missouri may declare that it
will not initiate the residents of New York, but
it cannot compel New York to adopt a similar
rule.

Well, then, if New York has the power of enact-
ing a law permitting the initiation of non-residents,
or if, which is the same thing, she has enacted no

128

THE PETITION

law forbidding it, them clearly such initiation is
legal and regular, and the non-residents so made
must everywhere be considered as regular Masons,
entitled to all the rights and privileges of the fra*
ternity.* The Grand Lodge of Missouri, then, (to
follow up the special reference with which this
argument was commenced,) cannot, under any color
of law or reason, deny the validity of such making,
or refuse the rights of Masonry to a candidate so
made. How, then, it will be asked, is the evil to
be remedied, when an unworthy person, temporarily
removing from his own home for that very purpose,
shall have applied to a distant Lodge in another
jurisdiction, and which, in ignorance of his true
character, shall have admitted him ? The answer
is plain. On his return to his usual residence, as a
Mason, he comes at once under the jurisdiction of
the nearest Lodge ; and if his unworthiness and im-
morality continues, he may be tried and expelled.
The remedy, it is true, entails the additional trouble
of a trial on the Lodge, but this is a better course
than by declaring his making illegal, to violate the

* A well founded conviction of the evils which often result from the initia-
tion of non-residents, has sometimes led to the enunciation of doctrines which
cannot be sustained by Masonic law. Thus, in 1854, the Committee of Cor-
respondence of the Grand Lodge of Michigan recommended the adoption
of a resolution protesting against the practice of Lodges in other jurisdictions,
conferring degrees on persons not residing in their jurisdiction, and instructs
iug the Lodges in Michigan " to hold no Masonic communication with those
who may receive the degrees, in disregard of such protest." The Grand
Lodge adopted the first and second clauses of this recommendation, but
wisely declined to endorse the third.— Proc. G. L. of Mich., l*oi pps
26 44.

OF CANDIDATES.

129

principles of Masonic jurisprudence, and to act dis-
courteously to a neighboring jurisdiction.

It was necessary, for the lucidity of the argument,
and to avoid circumlocution, to refer to particular
Grand Lodges by name. Any others would, for
this purpose, have done just as well, and accom-
plished the object intended, or I might have refer-
red to the Grand Lodges of A and B ; but I have
selected those of Missouri and New York from the
historical fact, that a few years ago, this very prin-
ciple was the subject of an animated controversy
between these two highly intelligent bodies.* After
all, as the question is a vexed one, and as the prac-
tice of initiating non-residents is liable to great
abuse, it is to be wished that every Grand Lodge
would exercise that power which it rightly pos-
sesses, and forbid its own subordinates to initiate

* The circumstances of this case were as follows : — " A resident of St.
Louis, (Mo.,) whose application for initiation had been rejected, was on a
temporary visit to New York in the year 1852, admitted into the Order by
one of the Lodges of that city. This act was received with much disap-
probation by the Masons of Missouri, and the person who had been made in
New York, on his return to St. Louis, was refused admission iuto the Lodges.
There was considerable discussion of the subject between the parties most
interested, and in the proceedings of the Grand Lodge of Missouri, for that
year, there is a well written report emanating from the able pen of my
friend and brother, the Grand Secretary of that jurisdiction. In this report,
Bro. Sullivan has contended for the principle, that every Grand Lodge pos-
sesses jurisdiction over not only the Masons within its geographical limits,
but even over all who are eligible to be made Masons. The Grand Lodge,
in accordance with the recommendation of the committee, adopted a resolu-
tion, declaring that no Lodge, under its jurisdiction, shall recognize, as a reg-
nlar made Mason, a resident of the state, who may, during a temporary
absence therefrom, receive the degrees in Masonry without the consent oi
the Lodge, undei whose jurisdiction he may reside '

130

THE PETITION

non-residents, at least without the recommenda-
tion and permission of the Lodges nearest to their
domicil.

The petition must be read on a regular night of
meeting. This is done that no member may be
taken by surprise, and an unworthy or unacceptable
candidate be thus admitted without his knowledge
or consent. The rule is derived by implication
from the fifth of the Regulations of 1721, which
prescribes that the petition shall lie over for one
month. Now, as it is admitted that a ballot cannot
take place, except at a regular communication of
the Lodge, this will carry back the time of presenta-
tion to the previous regular meeting.

The petition having been once read, cannot be
withdrawn. It must go through the ordeal of in-
vestigation and ballot. This, too, is a regulation
derived from constant and universal usage, rather
than from any expressed statutory provision. The
Ancient Constitutions say nothing on the subject ;
but so general has been the custom that it may now
be considered as having the force of an unwritten
law. Many Grand Lodges have, in fact, adopted it
as a specific regulation,* and in others, the practice

* " Nor shall any letter applying for initiation into the mysteries of our
Order be allowed to be withdrawn without a ballot, or such withdrawal shall
be considered a rejection, and notice given to the Grand Lodge."— Const. G.
L. of So. Ca., Bale xix. sec. 8. " No petition for initiation or membership
shall be w'thdrawn, after having been referred to a committee of inquiry."-^
Const. G. L.ofFia., Art. viii. sec. 7. I doubt, however, the correctness of
3x ending this regulation to petitions of Masons for affiliation. Such a peti
tion, I think, may be withdrawn at any stage, with the consent of a majority
of the Lodge. But this subject will be hereafter discussed.

OF CANDIDATES.

131

is pursued, as it were, by tacit consent. Besides,
the analogy of our speculative institution to an
operative art, gives sanction to the usage. The
candidate for Masonry has always been considered,
symbolically, as material brought up for the build-
ing of the temple. This, material must be rejected
or accepted. It cannot be carried elsewhere for
further inspection. The Lodge to which it is first
brought must decide upon its fitness. To with-
draw the petition, would be to prevent the Lodge
from making that decision, and therefore no peti-
tion for initiation, having been once read, can be
withdrawn;* it must go through the necessary forms.

In the next place, the petition must be referred
to a committee, for an investigation into the charac-
ter and the qualifications of the candidate. The
law, derived from the ancient Regulations of 1721,
is explicit, that there shall be an inquiry into the
character of the candidate ; but it is silent as to the
mode in which that inquiry shall be made.t It
might, it is true, be made by the whole Lodge,
every member considering himself as a member of
the committee of investigation ;J but as this would

* California, like Florida, prolubits the withdrawal only after the petition
has been referred to a committee. But as soon as it is read, it becomes the
property of the Lodge, and from that moment passes out of the control of
the presenter. At no time, I think, after it has been read, can it be
withdrawn.

t See Regulations of 1721, art. v. ante. p. 66.

% In 1855, it was actually recommended in the Grand Lodge of Virginia
that such a course be adopted, and that special committees on the characters
of applicants for initiation being abolished, the Lodge shcil I be made a Com
aiittee of tha Whole on every petition presented.

132

THE PETITION

be a cumbersome method, and one which would
hardly be successful, from the very number of the
inquisitors, and the probability that each member
would depend upon his associates for the perform-
ance of an unpleasant duty, it has been invariably
the custom to refer the subject to a special commit-
tee, consisting generally of three, who are always
chosen by a skillful Master from among those mem-
bers who, from peculiar circumstances, are most
likely to make the inquiry with promptness, cer-
tainty and impartiality.

The petition, thus submitted to a committee, can-
not be acted on until the next regular meeting, at
which time the committee make their report. I say
t£ at the next regular meeting," meaning thereby
that one month must elapse between the reception
of the petition and the final action of the Lodge.
Some Lodges meet semi-monthly. In this case tho
petition cannot be read and referred at one regular
meeting, and final action taken at the next. The
Regulation of 1721 is explicit on this subject, that
previous notice must be given 41 one month before."
The object of this probationary period is, as it is ex-
pressed in the Regulation, that there may be " due
inquiry into the reputation and capacity of the
candidate."

If the report of the committee is unfavorable, the
candidate is at once rejected without ballot. This
usage is founded on the principles of common sense ;
for, as by the Ancient Constitutions, one black ball
is sufficient to reject an application, the unfavorable

OF CANDIDATES.

133

report of a committee must necessarily and by con-
sequence include two unfavorable votes at least.
It is therefore unnecessary to go into a ballot after
such a report, as it is to be taken for granted that,
the brethren who reported unfavorably would, on a
resort to the ballot, cast their negative votes.
Their report is indeed virtually considered as the
casting of such votes, and the applicant is therefore
at once rejected without a further and unnecessary
ballot.

But if the report of the committee be favorable,
the next step in the process is to proceed to a bal-
lot. This, however, as it places the applicant in a
new and important position, must be the subject A
a distinct chapter.

CHAPTER III.

fctaltotuts for Camftttr ates.

The petition of the candidate having been refer*
red to a committee, and that committee having
imported favorably, the next step in the process is
to submit the petition to the members of the Lodge
for their acceptance or rejection. The law upon
which this usage is founded is contained in the sixth
article of the General Regulations of 1721, which
declares that " no man can be entered a Brother in
any particular Lodge, or admitted a member thereof,
without the unanimous consent of all the members
of the Lodge then present when the candidate is
proposed, and their consent is formally asked by
the Master."*

No peculiar mode of expressing this opinion is
laid down in any of the ancient Constitutions ;t on

* Anderson's Constitutions, first ed., p. 59.

t The mode of voting does . t seem to have been prescribed in the firs
years after the revival in 1717. But in 1736, on the 6th April, a new Itegu-
ation, marked in the second edition of the Constitutions as the Fortieth, was
adopted, in one clause of which it is declared that " the opinions or votes of
the members are always to be signified by each holding up one of his hands,
#rhich uplifted hands tne Grand Wardens are to count, unless the numbers
A hands be so unequa. as to render the counting useless." (Anderson's

BALLOTING FOR CANDIDATES. 135

the contrary, the same sixth article goes on to say
that the members " are to signify their consent o:
dissent in their own prudent way, either virtually
or in form, but with unanimity." Universal and
uninterrupted usage, however, in this country, has
required the votes on the application of candidates
to be taken by ballot, which has been very wisely
done, because thereby the secrecy and consequent
independence of election is secured.

Before proceeding to any further inquiry into the
laws concerning the ballot, it will be proper to
explain the mode in which the ballot is to be
taken.

.In some jurisdictions, it is the custom for the
Senior Deacon to carry the box containing the bal-
lots around the Lodge room, when each officer and
member having taken out of it a white and black
ball, it is again carried round empty, and each

Const., second ed., p. 178.) And although the Regulation was especially en-
acted in reference to the conducting of busiuess in the Grand Lodge, yet it
seems to have been made of general application in all Lodges, by the con-
cluding sentence, which says : " Nor should any other kind of division be
ever admitted among Masons." Although, according to the general opinion
of Masonic jurists, the regulations adopted after 1722 are not to be con-
sidered as of equal authority with those enacted previous to that period, still
a deference to the character of the Grand Lodge of England, whose juris-
diction, up to the time of the promulgation of this Fortieth Regulation, had
not been seriously impaired, the custom of holding up hands has been prac-
tised by a large number of Grand Lodges, and may be considered as good
Masonic usage. But this mode of voting never applied to the question on the
admission of candidates,which has always been by ballot, as evidently ap-
pears from a reference to it in the second edition of the Book of Constitu-
tions, (1738), where it is said, "and therefore the Grand Masters have
allowed the Lodges to admit a member, if not above three ballots are against
him "—Page 155,

136 BALLOTING FOR CANDIDATES.

Brother then deposits the ball of that color which
he prefers — white being always a token of consent,
and black of dissent. The box is then inspected
by the Master, or by the Master and Wardens, and
the result declared, after which the Deacon again
goes round and collects the remaining balls.

I have always objected to this method, not be-
cause the opinion of the Lodge was not thus as effec-
tually declared as in any other, but because there
seemed to be a want of solemnity in this mode of
performing an important duty. I therefore prefer
the more formal ceremony practised in some other
jurisdictions, and which may be thus described :*

The ballot box, containing two compartments,
one holding a number of black and white balls, and
the other empty, is first exhibited to the Junior
Warden, then to the Senior, and afterwards to the
Master, that these officers may be satisfied that the
compartment which should be empty is really so.
This compartment is then closed. A hole, however,
in the top of the box communicates with it, which is
for the purpose of permitting the balls deposited by
the voters to be dropped in. The compartment
containing the white and black balls indiscrimi-
nately is left open, and the Senior Deacon, hav-
ing placed the box upon the altar, retires to his
seat.

The roll of members is then called by the Secre
tary, beginning with the Master ; and as each

* See this ceremony described in full in the author's Lexicmof Free
masonry, art. Ballot

BALLOTING FOR CANDIDATES.

137

Brother's name is called, he advances to the altar,
masonically salutes the East, deposits his ball takei?
from the compartment lying open before him
through the hole in the top of the closed compart
ment. and then retires to his seat.*

When all the officers and members have voted,
the Senior Deacon takes the box from the altar, and
submits it to the inspection of the Junior and Senior
Wardens and the Master, when, if all the ballots
prove to be white, the box is pronounced " clear,''
and the candidate is declared elected. If, however,
there is one black ball only, the box is pronounced
" foul/7 and the Master orders a new ballot, which
is done in the same form, because it may be possible
that the negative vote was deposited by mistake or
inadvertence. t If, however, on the second ballot,

* " The box is placed on the altar, and the ballot is deposited with the
solemnity of a Masonic salutation, that the vcAem may be impressed with the
sacred and responsible nature of the duty they are called on to discharge."—
Mackey's Lexicon of Fre&nasonry, art. Ballot, tLird ed., p. 54.

f In the " Principles of Masonic Law," (p. 200) I had erroneously stated
that " if on the second scrutiny, one black ball is again found, the fact is an
nounced by the Master, who orders the election to he over until the next
stated meeting," to enable the opposing Brother to call upon him and
privately state his reasons. Into this grievous error I must have fallen from
the force of habit, as this has long been the usage pursued in South Caro-
lina. But that it was an inadvertent error, must be apparent from the fact,
that it is a practice contrary to all my stringent notions concerning the
secrecy and independence of the ballot, and I have labored, not altogethei
without success, in my own jurisdiction, to abrogate the usage. I am con
soled in the commission and the acknowledgment of this error by the recol
lection that even the great Homer sometimes slept. But I cannot agree
with those who deny the propriety of an immediate second ballot, when only
one black ball has been deposited. In such a case, the chances of a mistake
from careless or hurried handling of the balls, from an obscurity of light or
from badly prepared balls, are so great, that we owe it to the candidate.

138

BALLOTING FOR CANDIDATES.

the one black ball again appears, the candidate is
declared by the Master to be rejected. If, on the
first ballot, two or more black balls appear, the
candidate is announced as haying been rejected,
without the formality of a second ballot.

Three things are to.be observed in the considera-
tion of this subject : 1. The ballot must be unani
mous. 2. It must be independent. 3. It must be
secret.

1. The unanimity of the ballot has the sanction
of the express words of the Regulation of 1721. No
one can be admitted into a Lodge upon his- applica-
tion either for membership as a Mason, or for ini-
tiation as a profane, " without the unanimous consent
of all the members of that Lodge then present."
This is the true ancient usage. Payne, when he
compiled that Regulation, and presented it in 1721
to the Grand Lodge of England, for its adoption,
would hardly have ventured to propose so stringent
a law for the first time. The Society, under its new
organization, was then in its infancy, and a legis-
lator would have been more likely, if it were left to
his option, to have made a Regulation of so liberal a
character as rather to have given facility than diffi-
culty in the increase of members. But Payne was a
conscientious man. He was directed not to make
new Regulations, but to compile a code from the old

whose character is on trial, that he should have all the advantages of this
possibility of mistake. If, however, on the second ballot, when more care
will of course be taken, a black ball still appears, the rejection should l>e
definitely announced without farther remarks.

BALLOTING FOR CANDIDATES.

Regulations, then extant. He had no power of en-
actment or of change, but simply of compilation.*
And, therefore, although this subject of the election
of candidates is not referred to in words in any of
the ancient Constitutions, we have every reason to
suppose that unanimity in the choice was one of the
" immemorial usages" referred to in the title of the
Regulations of 1721, as the basis on which those
Regulations were compiled.

It is true that a short time afterwards, it was
found that this Regulation was too stringent for
those Lodges which probably were more anxious to
increase their numbers than to improve their ma-
sonic character — an infirmity which is still found in
some of our contemporary Lodges — and then to ac-
commodate such brethren, a new Regulation was
adopted, allowing any Lodges that desired the
privilege to admit a member, if there are not more
than three ballots against him.f It might be
argued that the words of the new Regulation, which
are, " to admit a member," while the old Regula-
tion speaks of entering a Brother or admitting a

* Hence, in the title of these " General Regulations," we are informed that
Dr. Anderson " has compared them with and reduced them to the ancient
records and immemorial usages of the fraternity." — Anderson, Const, first
ed., p. 58.

f " But it was found inconvenient to insist upon unanimity in several cases
And therefore the Grand Masters have allowed the Lodges to admit a mem-
ber, if not above three ballots are against him ; though some Lodges desire
no such allowance."— And. Const, second ed,, p. 155. It seems that this
piivilege was secured., not by a regulation of the Grand Lodge, but by virtue
or Ine Grand Master's dispensation to set aside the old law, which, it will he
bennftor seen, he had no power to dn.

140

BALLOTING FOR CANDIDATES.

member, might seem to indicate that the new privi
lege referred only to the application of Masons for
affiliation, and not to the petition of candidates for
initiation. But it is altogether unnecessary to dis-
cuss this argument, since the new Regulation, first
published in the second edition of Anderson's Con-
stitutions, in the year 1738, has never been deemed
of any authority as one of the foundations of Ma-
sonic law. It is- to be viewed simply, like all the
other Regulations which were adopted after the year
1721, as merely a local law of the Grand Lodge of
England ; and even as such, it was no doubt an in-
fringement of the spirit, if not of the letter, of the
Ancient Constitutions.

Unanimity in the ballot is necessary to secure the
harmony of the Lodge, which may be as seriously
impaired by the admission of a candidate contrary
to the wishes of one member as of three or more ;
for every man has his friends and his influence.
Besides, it is unjust to any member, however humble
he may be, to introduce among his associates one
whose presence might be unpleasant to him, and
whose admission would probably compel him to
withdraw from the meetings, or even altogether
from the Lodge. Neither would any advantage
really accrue to a Lodge by such a forced admis-
sion ; for while receiving a new and untried mem-
ber into its fold, it would be losing an old one.
For these reasons, in this country, except in a few
jurisdictions, the unanimity of the ballot has always
been insisted on ; and it is evident, from what has

BALLOTING FOR CANDIDATES.

141

been here said, that any le3S stringent Regulatioo
is a violation of the ancient law and usage.

From the fact that the vote which is given on
the ballot for a candidate must be one in which the
unanimous consent of all present is to be given, it
follows that all the members then present are under
an obligation to vote. From the discharge of this
duty no one can be permitted to shrink. And,
therefore, in balloting on a petition, every member,
as his name is called, is bound to come forward and
deposit either a white or a black ball. No one can
be exempted from the performance of this respon-
sible act, except by the unanimous consent of the
Lodge ; for, if a single member were allowed to de-
cline voting, it is evident that the candidate, being
then admitted by the affirmative votes of the others,
such admission would, nevertheless, not be in com-
pliance with the words and spirit of the law. The
" unanimous consent of all the members of the Lodge
then present," would not have been given — one,
at least, having withheld that consent by the non-user
of his prerogative.

It follows also, from this view of the Regu-
lation, that no Lodge can enact a by-law which,
for non-payment of dues or other cause, should
prohibit a member from voting on the petition
of a candidate.* A member may forfeit his

* It is not very unusual for Lodges to incorporate a Regulation in their by-
laws, depriving members who are more than one year in arrears from vot-
ing. As long as this is interpreted as referring to ordinary questions before
ttie L-odge, r,r to the annual election of officers, there can be no objection t?

142 BALLOTING FOR CANDIDATES.

right to vote at the election of officers, or other
occasions ; but not only cannot be deprived of his
right to ballot on petitions, birt is, as we have seen,
compelled to exercise this right, whenever he is
present and a candidate is proposed.

2. Independence of all responsibility is an essen-
tial ingredient in the exercise of the ballot. A
Mason is responsible to no human power for the
vote that he casts on the petition of a candidate.
To his own conscience alone is he to answer for the
motives that have led to the act, and for the act
itself. It is, of course, wrong, in the exercise of this
invaluable right, to be influenced by pique or preju-
dice, or by an adverse vote, to indulge an ungener-
ous feeling. But whether a member is or is not in
fluenced by such motives, or is indulging such
feelings, no one has a right to inquire. No Mason
can be called to an account for the vote that he has
deposited. A Lodge is not entitled indeed to know
how any one of its members has voted. No inquiry
on this subject can be entertained ; no information
can be received.

So anxious is the law to preserve this independ-
ence of the ballot, as the great safeguard of its
purity, that the Grand Lodge, supreme on almost
all other subjects, has no power to interfere in
reference to the ballot for a candidate ; and notwith-
standing that injustice may have been done to an

it. But it is evident, from the course of the argument I have pursued, that
it would be unconstitutional to apply such a by-law to the case of voting ou
the petition of candidates for initiation or affiliation.

BALLOTING FOR CANDIDATES. 143

upright and excellent man by his rejection, (and
such cases of clear injustice must sometimes occur,)
neither the Grand Lodge nor the Grand Master
can afford any redress, nor can any dispensation be
granted for either reversing the decision of the
Lodge, or for allowing less than a unanimous ballot
to be required. Hence we perceive that the dis
pensation mentioned in the edition of the Book of
Constitutions for 1738, permitting a candidate tG
be admitted with three black balls, was entirely
unconstitutional.

The right of a Lodge, expressed by the unanimous
consent of all the brethren present, to judge of whom
it shall admit to its membership, is called " an in-
herent privilege," and it is expressly said that it is
" not subject to a dispensation."* The reason as-
signed for this is one that will suggest itself at once
to any reflective mind, namely, because the members
are themselves the best judges of the particular
reasons for admission or rejection ; and if an objec-
tionable person is thrust upon them, contrary to
their wishes, the harmony of the Lodge may be im-
paired, or even its continuance hazarded.

3. The secrecy of the ballot is as essential to its
perfection as its unanimity or its independence. If
the vote were to be given viva voce, it is impossible

* This provision is found in the latter clause of the Sixth Regulation oi
1721, and is in these words : " Nor is this inherent privilege subject to a dls
pensation, because the members of a particular Lodge are the be.-t judges
of it ; and if a fractious member should be imposed on them, it might spo?)
their liarmony, or hinder their freedom, or even break and disperse the
Lodge "—And. Const., first ed., p. 59.

144 BALLOTING FOR CANDIDATES.

that the improper influences of fear or interest
should not sometimes be exerted, and timid members
be thus induced to vote contrary to the dictates of
their reason and conscience. Hence, to secure this
secrecy and protect the purity of choice, it has
been wisely established as a usage, not only that the
vote shall in these cases be taken by a ballot, but
that there shall be no subsequent discussion of the
subject. Not only has no member a right to in-
quire how his fellows have voted, but it is wholly
out of order for him to explain his own vote. And
the reason of this is evident. If one member has a
right to rise in his place and announce that he de-
posited a white ball, then every other member has
the same right ; and in a Lodge of twenty members,
where an application has been rejected by one black
ball, if nineteen members state that they did not
deposit it, the inference is clear that the twentieth
Brother has done so, and thus the secrecy of the
ballot is at once destroyed. The rejection having
been announced from the chair, the Lodge should at
once proceed to other business, and it is the sacred
duty of the presiding officer peremptorily and at
once to check any rising discussion on the subject.
Nothing must be done to impair the inviolable
secrecy of the ballot.

Re-consideration of the Ballot.

It almost always happens, when a ballot is un-
favorable, that the friends of the applicant are not

BALLOTING FOR CANDIDATES.

145

satisfied, and desire a re-consideration, and it some-
times t>ccurs that a motion for that re-consideration
is made. Now, it is a subject worthy of discussion
how far such a motion is in order, and how such a
re-consideration is to be obtained.

I commence with announcing the proposition that
a motion to re-consider an unfavorable ballot is en-
tirely out of order. In the first place, the elements
necessary to bring such a motion within the pro-
visions of Parliamentary rules of order are wanting.
A motion for re-consideration must always be made
by one who has voted in the majority.* This is a
wise provision, to prevent time being wasted in re-
peated agitations of the same questions, so that it
shall never be known when a question is done with.t
But the vote on the petition of a candidate being
by secret ballot, in which no member is permitted
to make his vote known, it is, of course, impossible
to know, when the motion for re-consideration is
made, whether the mover was one of the majority
or the minority, and whether therefore he is or is
not entitled, under the Parliamentary rule, to make
sucn a motion. The motion would have to be ruled
out for want of certainty.

But in* the particular case of a re-consideration
of the ballot, there is another and more strictly

* Thus we find the following among the rules of the United States Senate :
** When a question has been once made and carried in the afliimative or
negative, it shall be in order for any member of the majority to move for the-
re-consideration thereof." — Rule 20.

t Jefferson's Manual, sect, xliii, p. 93

146 BALLOTING FOR CANDIDATES.

Masonic rale, which would make such a motion out
of order. To understand the operation of this
second rule, it is necessary to make a preliminary
explanation. The proceedings of a Lodge are of
two kinds — that relating to business, and that relat-
ing to Masonic labor. Now, in all matters purely
.of a business character, in which the Lodge assumes
the nature of a mere voluntary association of men,
such, for instance, as the appropriation of the funds,
every member is entitled to a voice in the delibera-
tions, and may make any motion relative to the
business in hand, which would not be a violation of
the Parliamentary rules of order which prevail in
all deliberative societies, and of those few other
rules of order which particularly distinguish the
Masonic from any other association or society. But
all matters relating to Masonic labor are under the
exclusive control of the Master. He alone is re-
sponsible to the Grand Lodge for the justice and
excellence of his work, and he alone should there-
fore be permitted to direct it. If the time when
and the manner how labor is to be conducted, be
left to the decision of a majority of the Lodge, then
the Master can no longer be held responsible for
results, in producing which he had, in common with
the other members, only one voice. It is wisely
therefore provided that the labor of the Lodge shall
be wholly and solely controlled and directed by the
Master.

Now, the ballot is, on a petition for initiation, a
part of the labor of a Lodge. The candidate may

BALLOTING FOR CANDIDATES.

147

be said symbolically to be the material brought up
for the building of the temple. The laws and usages
of Masonry have declared that the whole Lodge
shall unanimously decide whether this material is
' good and true," and fit for the tools of the work-
men.* But as soon as the Lodge has begun to ex-
ercise its judgment on the material thus brought
before it — that is, as soon as it has proceeded to a
ballot on the petition — it has gone into Masonic
labor, and the authority of the Master as the Chief
Builder becomes paramount. He may stay the elec-
tion— he may refuse to sanction it — he may set it
aside — and against his decision there can be no ap-
peal, except to the Grand Lodge, to which body, of
course, he is responsible, and before which he must
show good reasons for the act that he has done.

From all this, then, it follows that the Master of
the Lodge alone has the power to order a re-con-
sideration of the ballot. If, on the annunciation of
the result/he is satisfied that an error of inadvert-
ence has occurred, by which, for instance, a black

* But even here the Master may justly interpose his authority, as the
superintendent of the work, and declare that material selected by the Lodge
is unfit, and reject it. Suppose, for instance, that a Lodge should have unani-
mously elected a blind man to receive the degrees, (this is a supposable case,
for such an election and initiation once took place in Mississippi,) will any
Masonic jurist deny the right— nay more, the duty of the Master to interpose
and refuse to proceed to initiation ? And in this refusal he would, on an
appeal, be undoubtedly supported by the Grand Lodge.

Let it be understood, once for all, that when I speak of the powers and
prerogatives of the Master of a Lodge, I always do so with the implicit re-
servation, that for the abuse of these powers, he is responsible to the Grand
Lodge. The Master has, it is true, the power to do wrong, but not the
right.

143 BALLOTING FOR CANDIDATES.

ball Las been deposited, where the depositor intended
a white one, or if he supposes it probable or pos-
sible that such an error may have been committed,
or if he has any other equally good reason, he may
order a re-consideration of the ballot. But even
this must be done under restriction, that the re-con-
sideration is to be ordered at once. If any member
has left the room after the first ballot has been
taken, it would be clearly wrong in the Master to
order a re-consideration, because it might be that
the party so leaving had been the very one who had
voted for a rejection. Of course it follows, on the
same principle, that the Master would not be justi-
fied in ordering a re-consideration on any subsequent
meeting. The Lodge having been closed, there is
no power in Masonry which can order a re-con-
sideration. The result cannot be affected except by
a new petition.

After what has been previously said, it is hardly
necessary, in conclusion, to add, that neither the
Grand Master nor the Grand Lodge has the power,
under any circumstances whatever, to order a re-
consideration of a ballot. Everything concerning
the admission or rejection of candidates is placed
exclusively in the Lodge. The Regulations of 1721
declare this to be " an inherent privilege not subje:t
to dispensation."

CHAPTER IV.

2tf)i CEoiTsequettces of 3£ejecttott,

When a candidate for initiation into the myste-
ries of Freemasonry has been rejected in the manner
described in the last chapter, he is necessarily and
consequently placed in a position towards the fra
ternity which he had not before occupied, and which
position requires some examination.

In the first place, there can be no re-consideration
of his application on a mere vote of re-consideration
by the Lodge. This subject has been already suf-
ficiently discussed, and I need only here refer to the
preceding chapter.

In the next place, he can apply to no other Lodge
for initiation. Having been once rejected by a
certain Lodge, he is forever debarred the privilege
of applying to any other for admission. This law
is implicitly derived from the Eegulations which
forbid Lodges to interfere with each other's work*
The candidate, as I have already observed, is to be
viewed in our 'speculative system as " material
brought up for the building of the temple." The
act of investigating the fitness or unfitness of that

150

THE CONSEQUENCES

material, constitutes a part of Masonic labor, and
when a Lodge has commenced that labor, it is con-
sidered discourteous for any other to interfere with
it. This sentiment of courtesy, which is in the true
spirit of Masonry, is frequently inculcated in the
ancient Masonic codes. Thus, in the Gothic Con-
stitutions, it is laid down that " a Brother shall not
supplant his Fellow in the work the " ancient
Charges at makings/' adopted in the time of James
II., also direct that " no Master or Fellow supplant
others of their work frf and the Charges approved
in 1722 are still more explicit in directing that
none shall attempt to finish the work begun by his
Brother.}

* See ante p. 45, art 10. f See ante p. 51, art. 2.

| " None shall discover envy at the prosperity of a Brother, nor supplant
him, or put him out of his work, if he be capable to finish the same ; for no
man can finish another's work so much to the lord's profit, unless he be
thoroughly acquainted with the designs and draughts of him that began it."—
Charges of 1722, ch. v. See ante p. 59. There has always been a dispo-
sition in modern times to evade the stringency of ancient laws, and not with*
standing the warning cry of all in authority, that the portals of our Order
are not sufficiently guarded, the tendency of our modern constitutions is ta
put facilities rather than obstacles in the way of admission. If the ancient
law is not in absolute words abrogated, it is often so construed as to become
a mere dead letter. Thu», in the Rules and Regulations of the Grand Lodge
of Ohio, (Proceedings from 1808 to 1847, lately published, page 438,) it is
enacted as follows : "No Lodge shall initiate into the mysteries of the craft
any person whomsoever, without being first satisfied by a test, or otherwise,
that the candidate has not made application to some other Lodge, and been
rejected ; and if it shall appear that he has been rejected, then the Lodge
must be satisfactorily convinced that such rejection has not been on account
of any circumstances that ought to preclude him from the benefits of Ma-
sonry." The first clause of this Regulation is completely in accordance with
the ancient law ; but the second clause virtually annuls the first. One
rxxlge is thus placer in judgment upon the motives of another ; and having

OF REJECTION*.

151

There is another and more practical reason why
petitions shall not, after rejection, be transferred
to another Lodge. If such a course were admis-
sible, it is evident that nothing would be easier
than for a candidate to apply from Lodge to Lodge,
until at last he might find one, less careful than
others of the purity of the household, through
whose too willing doors he could find admission into
that Order, from which the justly scrupulous care
of more stringent Lodges had previously rejected
him. It is unnecessary to advert more elaborately
to the manifold evils which would arise from this
rivalry among Lodges, nor to do more than suggest
that it would be a fertile source of admitting un-
worthy material into the temple. The laws of
Masonry have therefore wisely declared that a can-
didate, having been once rejected, can apply to no
other Lodge for admission, except the one which
had rejected him *

determined that the former rejection was not based on satisfactory grounds,
it proceeds forthwith to admit the rejected candidate. According to this
Regulation, any Lodge may interfere with the work of another Lodge, pre*
vided always it will first resolve that the said work, in its opinion, was not
well done. Such a, Regulation is an incentive to rivalry and contention in
any jurisdiction.

* In 1851, the Committee of Foreign Correspondence of the Grand I^odge
of New York presented the Craft with thirty-four maxims of Masonic juris-
prudence, which are distinguished for their general legal accuracy. To the
Twenty-ninth, however, I cannot attribute this character. The committee
there assert that " the majority of a Lodge can, at any regular stated meet-
ing thereof, recommend a rejected candidate for initiation to a neighboring
Lodge, which can then initiate him, on a petition and reference, and a unani-
mous vote." I look in vain through all the Landmarks, usages and constitU'
tions of the Order, for any authority under which a Lodge can assume the

152 THE CONSEQUENCES

A candidate who has been rejected may, however,
again apply to the Lodge which has rejected him.
The ancient laws of the Order are entirely silent
as to the time when this new application is to "be
made. Some of the Grand Lodges of this country
have enacted local Regulations on this subject, and
decreed that such new application shall not be
made until after the expiration of a definite period.
The Grand Lodge of New York requires a proba-
tion of six months, and some other states have ex-
tended it to a year. In all such cases, the local
Regulation will be of force in the jurisdiction for
which it was enacted. But where there is no such
Regulation, it is competent for the candidate to re-
apply at any subsequent regular communication.
In such a case, however, he must apply by an en-
tirely new petition, which must again be vouched
for and recommended as in the original application,
by the same or other brethren, must be again refer-
red to a committee of inquiry on character, must
lie over for one month, and then be balloted for
precisely as it was before. The treatment of this

prerogative of recommending a candidate, rejected or not, to " a neighbor
ing Lodge" for initiation. Any Lodge, it is true, having elected a candi-
date to receive the degrees, and being prevented by subsequent circumstances,
such, for instance, as the removal of the candidate, from conferring them,
may request another Lodge to do its work for it ; but it is contrary to all the
principles of Masonic jurisprudence for a Lodge to depart from its proper
sphere,and become the recommenders or vouchers to another Lodge of a
candidate, and he, too, a rejected one. I will say nothing of the implied in-
sult to the Lodge to whom the discarded material is recommended — dis-
carded as not being good enough for their own I^odge, but recommended as
fit enough for the one to which he is sent. The constitution of the Grand
IiOdge'of New York contains T am happy to say, no such provision.

OF REJECTION. 153

new petition must be, in all respects, as if no former
petition existed. The necessary notice will in this
way be given to all the brethren, and if there are
the same objections to receiving the candidate as
existed in the former trial, there will be ample op-
portunity for expressing them in the usual way by
the black ball. It may be objected that in this way
a Lodge may be harassed by the repeated petition?
of an importunate candidate. This, it is true, may
sometimes be the case ; but this " argumentum ab
ineonvenienti" can be of no weight, since it may be
met by another of equal or greater force, that if it
were not for this provision of a second petition,
many good men who had perhaps been unjustly re-
fused admission, and for which act the Lodge might
naturally feel regret, would be without redress.
Circumstances may occur in which a rejected candi-
date ma.y, on a renewal of his petition, be found
worthy of admission. He may have since reformed
and abandoned the vices which had originally caused
his rejection, or it may be that the Lodge has since
found that it was in error, and in his rejection had
committed an act of injustice. It is wisely pro-
vided, therefore, that to meet such, not infrequent
cases, the candidate is permitted to present a re-
newed petition, and to pass through a second or
even a third and fourth ordeal. If it prove favor-
able in its results, the injustice to him is compen-
sated for ; but if it again prove unfavorable, no
evil has been done to the Lodge, and the candidate
is just where he was, before his renewed application.
7*

154

THIS CONSEQUENCES OP REJECTION.

All that lias been here said refers exclusively to
the petitions of profanes for initiation. The law
which relates to the applications of Master Masons
for admission into a Lodge as members, will be con-
sidered when we come to treat of the rights and
duties of Master Masons.

The subject of balloting, on the applications for
each of the degrees, or the advancement of candi-
dates from a lower to a higher degree, will also be
more appropriately referred to in the succeeding
Book, which will be devoted to the consideration
of the law relating to individual Masons ; and more
especially to that part of it which treats of the
rights of Entered Apprentices and Fellow Cralts,

BOOK III.

JMaSing lo Xnbt&ibuel Seasons.

Masons, as individual members of our Order, are to be
distinguished, according to the progress they have made,
into Entered Apprentices, Fellow Crafts, Master Masons, and
Past Masters. Symbolic Masonry recognizes nothing beyond
these grades. It is of the rights and prerogatives that they
acquire, and of the obligations and duties that devolve upon
them as individuals who have attained to these various de-
grees, that it is the object of the Third Book of the present
treatise to inqnim

CHAPTER I.

©f Huteretr Apprentices*

There was a time, and that at no very remote
period, when the great body of the fraternity was
composed entirely of Entered Apprentices. The
first degree was the only one that was conferred in
subordinate Lodges, and the Grand Lodge reserved
to itself the right of passing Fellow Crafts and
raising Master Masons.* Of course all the business
of subordinate Lodges was then necessarily trans-
acted in the Entered Apprentice's degree. The
Wardens, it is true, were required to be Fellow
Crafts,t and the most expert of these was chosen as
the Master ;J but all the other offices were filled,

* " No private Lodge at this time [1739] had the power of passing or rais-
ing Masons, nor could any Brother be advanced to either of these degrees
but in the Grand Lodge, with the unanimous consent of all the Brethren in
communication assembled."— Smith's Use and Abuse of Freemasonry,
p. 73. This is confirmed by the Old Laws of the Grand Lodge of England,
art xiii.,which ordered that" Apprentices must be admitted Fellow Crafts
and Masters only here, [in the Grand Lodge] unless by dispensation from the
Grand Master."

t " No Brother can be a Warden until he has passed the part of a Fellow
Craft."— Charges o/1721, § 4.

$ " The most expert of the Fellow Craftsmen shall be chosen or appointed
the Master or Overseer of the lord's work, who is to be called Master by
those that work under him." — Ibid, § 5.

158

OF ENTERED APPRENTICES.

and the business and duties of Masonry were per-
formed, by the Apprentices. But we learn from
Anderson, that on the 22d of November, 1725, a regu-
lation was adopted which permitted the Lodges to
assume the prerogative formerly vested in the Grand
Lodge, of conferring the second and third degrees,
and as soon as this became generally the custom,
Apprentices ceased to constitute the body of the
craft, a position which then began to be occupied
by Master Masons ; and the Apprentices lost by
this change nearly all the rights and prerogatives
which they had originally possessed.

This fact must be constantly borne in mind when-
ever we undertake to discuss the rights of Entered
Apprentices, and to deduce our opinions on the sub-
ject from what is said concerning them in the
ancient Regulations. All that is written of them
in these fundamental laws is so written because
they then constituted the great body of the craft.*
They were almost the only Masons ; for the Fellow
Crafts and Masters were but the exceptions, and
hence these Regulations refer to them, not so much

* This expression must, however, be taken with some reservation. In the
early part of the eighteenth century, when the speculative element predomi-
nated in the Order, to the entire exclusion of the operative, Entered Appren-
tices, that is to say, initiates, or Masons who had taken but one degree,
clearly constituted the body of the craft. But at an earlier period, when the
operative was mingled with the speculative character of the institution, the
body of the Order were undoubtedly called " Fellows," and would now pro-
bably be considered as equivalent to our Fellow Crafts. This subject will
be discussed at length in the next chapter. It is sufficient for the present
that we consider the condition of the Order at the time of the revival in 1717,
and for some years afterwards, when Apprsntices only composed the princi*
oal membership of the Lodges.

of" entered apprentices. 159

as Apprentices, or men of the lowest degree, in con-
tradistinction to those who had been advanced to
higher grades, but simply as the large constituency
of the Masonic fraternity. Hence the Regulations
which on this principle and in this view then ap-
plied to Entered Apprentices, must now be referred
to Master Masons, who have taken their place in the
distribution of the labors, as well as the honors and
prerogatives of the institution. I shall have occa-
sion, before this chapter is concluded, to .apply this
theory in the illustration of several points of Ma-
sonic law.

In the modern system — the one, that is to say,
which is now practised everywhere — Entered Ap-
prentices are possessed of very few rights, and are
called upon to perform but very few duties. They
are not, strictly speaking, members of a Lodge, are
not required to pay dues, and are not permitted to
speak or vote, or hold any office. Secrecy and
obedience are the only obligations imposed upon
them, while the Masonic axiom, " audi, vide, tace" —
hear, see, and be silent — is peculiarly appropriate to
them in their present condition in the fraternity.

Our ritual, less changed in this respect than our
Regulations, still speaks of initiating Apprentices
and making Masons, as synonymous terms. They
were so, as we have seen, at one time, but they cer-
tainly no longer express the same meaning. An
Entered Apprentice is now no more a Mason than
a student of medicine is a physician, or a disciple is
a philosopher. The Master Masons now constitute

160

OF ENTERED APPRENTICES.

the body of the craft ; and to be, at this day, a
Mason, properly so called, one must have taken the
third degree.*

Hence Apprentices are not entitled to the honors
of Masonic burial, t nor can they join in paying
those honors to a deceased Master Mason.J In this
respect they are placed precisely in the position of
profanes ; and it is a practical proof of what I have
just said, that they are not Masons in the strict
sense and signification of the word. They are
really nothing more than Masonic disciples, permit-
ted only to enter the porch of the temple, but with
no right to penetrate within its sanctuary.§

* I must not be understood by this expression to deny the Masonic charac-
ter of Entered Apprentices. In the ordinary and colloquial use of the word,
a Mason is one who has been admitted into the Order of Masonry. In this
sense an Apprentice is a Mason ; he is to be styled, by way of distinction
from the possessors of the succeeding degrees, an " Entered Apprentice
Mason." But in the more legal and technical employment of the title, a
Mason is one who is in possession of the rights, privileges and mysteries of
Masonry. And in this sense an Apprentice is clearly not yet a Mason ; be
is only a neophyte in the incipient stage of Masonry. To avoid confusion,
this difference in the colloquial and legal uses of the word must be always
borne in mind. We speak carelessly and familiarly of a building in the
course of erection as a house, although nothing but the frame-work may be
there. But really and strictly, it is only a house when completely finished,
and ready for occupation as a place of habitation.

t " No Mason can be interred with the formalities of the Order . . .
unless he has been advanced to the third degree of Masonry, from which re-
striction there can be no exception. Fellow Crafts or Apprentices are no!
entitled to the funeral obsequies."— Preston, Ol. edit., p. 89.

i This is evident from the fact that on such occasions the Lodge is re-
quired to be opened in the Master's degree. — See Preston, as above.

§ The position of Entered Apprentices in the Order at the present day
seems to be strictly in accordance with our ancient traditions. These inform
ns that the Apprentices were not permitted to pass the portals of the temole.

OF ENTERED APPEEXTICES.

161

If this be the ease, then it follows clearly that
they are not entitled to Masonic charities or relief.
And so far a? regards the pecuniary benefits of the
Order, we have a still better reason for this exclu-
sion ; for surely they who have contributed nothing
to the support of the -institution, in the form of con-
tributions or arrears, cannot expect, as a right, to
receive any eleemosynary aid from its funds. The
lesson of charity is, it is true, given in the first de-
gree ; but this is a ritualistic usage, which was estab-
lished at the time when Entered Apprentices were,
as I have already observed, the great body of the
craft ; and were really, by this fact, entitled to the
name of Masons. The lessons taught on this sub-
ject, except in so far -as they are of a general char-
acter, and refer to the virtue of charity simply as a
part of a system of ethics, must be viewed only as
an introductory instruction upon matters that are
afterwards to be practically enforced in the third
degree.

Entered Apprentices formerly had the right of
being present at the communications of the Grand
Lodge, or General Assembly, and taking part in its
deliberations. In faet,it is expressly prescribed, in
the last of the Regulations of 1721, that none of
these important laws can be altered, or any new
General Regulations made, until the alteration or

but were occupied in the quarries in fashioning the rude stones by means of
the guage and gavel, so as to fit them for the use of the Fellow Crafts. And
it was not until they had made due proficiency and proved themselves worthy
by their obedience and fidelity, that they were permitted to enter the sacred
precincts, and to receive a fuller share of light and instruction.

162

OF ENTERED APPRENTICES.

the new regulation is submitted to all the Brethren,
" even the youngest Entered Apprentice."* But
this rule is now obsolete, because, being founded on
the fact that Apprentices were then the body of the
craft, and they being no longer so, the reason of the
law having ceased, the law also ceases. Cessante
ratione legis, cessat ipsa lex.

Entered Apprentices, however, still have several
rights, in the due exercise of which they are en-
titled to as much protection as the most important
members of the craft. These rights may be briefly
enumerated as follows :

They have a right to sit in the Lodge in which
they were initiated, when it is opened in the first
degree, and to receive all the instructions which ap-
pertain to that degree. This is not a right of
visitation such as is exercised by Master Masons,
because it cannot be extended beyond the Lodge in
which the Apprentice has been initiated. Into that
Lodge, however, whenever opened and working, in
his degree he can claim admittance, as a right ac-
cruing to him from his initiation ; but if admitted
into any other Lodge, (the policy of which is doubt-
ful) it can only be by the courtesy of the presiding
officer. Formerly, of course, when Apprentices
constituted the body of the fraternity, they pos-
sessed this general right of visitation,'!* but lost it

* See ante p. 79.

f Of course when the majority of the members of all Lodges were Appren-
tices, or, in other words, had received only the first degree, it is evident that
there could have been few or no visits among the craft, if the right were re
stricted. to the possessors of the third degree.

OF ENTERED APPRENTICES.

as soon as Lodges began to confer the higher de-
grees ; and now it is confined to Master Mo sons,
who alone, under modern usage, possess the right
of visit.

Apprentices have also the right to apply for ad-
vancement to a higher degree. Out of the class of
Apprentices the Fellow Crafts are made ; and as
this eligibility to promotion really constitutes the
most important right of this inferior class of our
Brethren, it is well worthy of careful consideration.
I say, then, that the Entered Apprentice possesses
the right of application to be passed to the degree
of a Fellow Craft. He is eligible as a candidate ;
but here this right ceases. It goes no farther than
the mere prerogative of applying. It is only the
right of petition. The Apprentice has, in fact, no
more claim to the second degree than the profane
has to the first. It is a most mistaken opinion to
suppose that when a profane is elected as a candi-
date, he is elected to receive all the degrees that
can be conferred in a Symbolic Lodge. Freemasonry
is a rigid system of probation. A second step
never can be attained until sufficient proof has been
given in the preceding that the candidate is " worthy
and well qualified."* A candidate who has received
the first degree is no more assured by this reception
thafhe will reach the third, than that he will attain

* The Charges of 1722 tell us that " all preferment among Masons is
grounded upon real worth and personal merit only;' and they proceed to
show how by these means alone progress is to be made from the lowest to
the highest positions in the Order, See ante p. 57.

164

OF ENTERED APPRENTICES.

the Royal Arch. In the very ceremony of ins re
eeption he may have furnished convincing evidence
of his unfitness to proceed further ; and it would be-
come the duty of the Lodge, in that case, to debar
his future progress. A bad Apprentice will make
a worse Master Mason ; for he who cannot comply
with the comparatively simple requisitions of the
first degree, will certainly be incapable of respond-
ing to the more important duties and obligations of
the third. Hence, on the petition of an Apprentice
to be passed as a Fellow Craft, a ballot should al
ways be taken. This is but in accordance with the
meaning of the word ; for a petition is a prayer for
something which may or may not be refused, and
hence, if the petition is granted, it is ex gratia, or
by the voluntary favor of the Lodge, which, if it
chooses, may withhold its assent. Any other view
of the case would exclude that inherent right which
is declared by the Regulations of 1721 to exist in
every Lodge, of being the best judges of the quali-
fications of its own members.*

An Apprentice, then, has the right to apply for
advancement ; but the Lodge in which he was initi-
ated has the correlative right to reject his applica-
tion. And thereby no positive right of any person
is affected ; for, by this rejection of the candidate
for advancement, no other injury is done to him
than the disappointment of his expectations. His
character as an Entered Apprentice is not impaired.

* Regulations of 1721, art. vi., ante.p. G6.

OP ENTERED APPRENTICES.

165

He still possesses all the rights and prerogatives
that he did before, and continues, notwithstanding
the rejection of his application, to be an Apprentice
" in good standing," and entitled, as before, to all
the rights and privileges of a possessor of that
degree.

This subject of the petition of an Apprentice for
advancement involves three questions of great im-
portance : First, how soon, after receiving the first
degree, can he apply for the second ? Secondly,
what number of black balls is necessary to consti-
tute a rejection? And thirdly, what time must
elapse, after a first rejection, before the Apprentice
can renew his application for advancement ?

1. How soon , after receiving the first degree, can an
Apprentice apply for advancement to the second ?
The necessity of a full comprehension of the mys-
teries of one degree, before any attempt is made to
acquire those of a second, seems to have been
thoroughly appreciated from the earliest times ; and
hence the Old York Constitutions of 926 prescribe
that " the Master shall instruct his Apprentice
faithfully, and make him a perfect workman."*
But if there be an obligation on the part of the
Master to instruct his Apprentice, there must be,
of course, a correlative obligation on the part of
the latter to receive and profit by those instructions.
Accordingly, unless this obligation is discharged,
and the Apprentice makes himself acquainted with

* See,ante p. 45. But it is unnecessary to multiply authorities, as the
ritual of the first degree has alway3 prescribed study and probation.

166 OF ENTERED APPRENTICES.

the mysteries of the degree that he has already re-
ceived, it is, by general consent, admitted that he
has no right to be intrusted with further and more
important information. The modern ritual sustains
this doctrine, by requiring that the candidate, as a
qualification in passing onward, shall have made
" suitable proficiency in the preceding degree. "
This is all that the general law prescribes.* Suit-
able proficiency must have been attained, and the
period in which that condition will be acquired,
must necessarily depend on the mental capacity of
the candidate. Some men will become proficient
in a shorter time than others, and of this fact the
Master and the Lodge are to be the judges, xln
examination should therefore take place in open
Lodge, and a ballot immediately following will ex-
press the opinion of the Lodge on the result of
that examination, and the qualification of the
candidates.

From the difficulty with which the second and
third degrees were formerly obtained — a difficulty
dependent on the fact that they were only conferred
in the Grand Lodge — it is evident that Apprentices
must have undergone a long probation before they
had an opportunity of advancement, though the pre-
cise term of the probation was decided by no legal

* Unfortunately it is too much the usage, when the question is asked
whether the candidate has made suitable proficiency in his preceding degree,
to reply, " such as time and circumstances would permit." I have no doubt
that this is an innovation originally invented to evade the law, which has al-
ways required a due proficiency. To such a question, no other answer ought
Jo be given than the positive and unequivocal one that " he has."

OP EJTTEEED APPRENTICES. 167

enactment. Several modern Grand Lodges, how-
ever, looking with disapprobation on the rapidity
with which the degrees are sometimes conferred
upon candidates wholly incompetent, have adopted
special regulations, prescribing a determinate period
of probation for each degree. This, however, is a
local law, to be obeyed only in those jurisdictions
in which it is of force. The general law of Masonry
makes no such determinate provision of time, and
demands only that the candidate shall give evidence
of " suitable proficiency."*

2. What number of black balls is necessary to con-
stitute a rejection ? Here we are entirely without
the guidance of any express law, as all the Ancient
Constitutions are completely silent upon the subject.
It seems to me, however, that in the advancement
of an Apprentice, as well as in the election of a
profane, the ballot should be unanimous. This is
strictly in accordance with the principles of Ma-
sonry, which require unanimity in admission, lest
improper persons be intruded, and harmony im-
paired. Greater qualifications are certainly not
required of a profane applying for initiation than
of an Apprentice seeking advancement ; nor can I
see any reason why the test of those qualifications

* The Constitution of the Grand Lodge of England contains the following
provision : " No Lodge shall confer more than one degree on any Brother on
the same day, nor shall a higher degree be conferred on any Brother at a
less interval than four weeks from his receiving a previous degree, nor until
he has passed an examination in open Lodge in that degree." A similar
regulation prevails in many, if not most, of the Grand Lodges of the United
States.

168

OF ENTERED APPRENTICES.

should not be as rigid in the one case as in the
other. I am constrained therefore to believe, not-
withstanding the adverse decision of the Grand
Lodge of Wisconsin in 1S49 * that on the applica-
tion of an Entered Apprentice for advancement to
the second degree, the ballot must be unanimously
in his favor to secure the adoption of his petition.
It may be stated, once for all, that in all cases of
balloting for admission in any of the degrees of
Masonry, a single black ball will reject.

3. What time must elapse, after a first rejection,
before the Aiyprentice can renew his application for
advancement to the second degree ? Here, too, the
Ancient Constitutions are silent, and we are left to

* The Hon. Wm. R. Smith, at that time Grand Master of the Grand Lodge
of Wisconsin, said, in 1849, that he considered it not only wrong in itself, but
highly unmasonic to deny advancement to an Entered Apprentice or Fellow
Craft, " by the operation of a single negative in the ballot box." And he
advanced the doctrine that, " without sufficient cause shown to the contrary,
the advancement may be demanded by the candidate as a matter of right.
He has already submitted to the ordeal of a single negative in the ballot box,
and he stands in the Lodge as a man and a Mason, subject to the action of
a majority of his Brethren on his merits or his demerits." — Proc. G. L. Wise,
1849, p. 11. And the GLrand Lodge decided, in accordance with this opin-
ion, that an Entered Apprentice should not be refused advancement, except
by a vote of a majority of the Lodge. In commenting on this opinion and
decision, the Committee of Foreign Correspondence of the G. L. of Florida,
of which that able and experienced Mason, John P. Duval, was chairman,
remarked : " We always supposed, if any one rule of ancient Masonry was
more unquestionable than another, it was unanimity in balloting for initiating,
passing and raising." — Proc. G. L^of Fla., 1851, p. 31. This view is sus-
tained by the Grand Lodges of New York, New Hampshire, Vermont, Rhode
Island, Iowa, Maryland and Ohio ; and the Grand Lodge of Wisconsin itself,
the very next year, in its amended Constitution, adopted a provision declar-
ing that " any member of a subordinate Lodge may object to the initiation,
Invssing or raising of a candidate, at any time before the degree is confer-
red."— Const. G. L. Wise, part iv., art. ih\, sect 7 ; anno 1850.

OF ENTERED APPRENTICES. 1G9
i

deduce our opinions from the general principles and
a lalogies of Masonic law. As the application for
advancement to a higher degree is founded on a
right enuring to the Apprentice, by virtue of his re-
ception into the first degree — that is to say, as the
Apprentice, so soon as he has been initiated, be-
comes invested with the right of applying for ad-
vancement to the second — it seems evident that, as
long as ho remains an Apprentice " in good stand-
ing," he continues to be invested with that right.
Now, the re jection of his petition for advancement
by the Lod0e does not impair his right to apply
again, because it does not, as I have already shown,
affect his rights and standing as an Apprentice ; it
is simply thz expression of the opinion that the
Lodge does not at present deem him qualified for
further progress in Masonry. We must never for-
get the difference between the right of applying for
advancement and the right of advancement. Every
Apprentice possesses the former, but no one can
claim the latter until it is given to him by the unani-
mous vote of the Lodge. And as, therefore, this
right of application or petition is not impaired by
its rejection at a particular time, and as the Ap-
prentice remains precisely in the same position in
his own degree, after the rejection, as he did before,
it seems to follow as an irresistible deduction, that
lie may again apply at the next regular communica-
tion ; and if a second time rejected, repeat his ap-
plications at all future meetings. I hold that the
Entered Apprentices of a Lodge are competent, at

170

OF ENTERED APPRENTICES.

all regular communications of their Lodge, to peti-
tion for advancement. Whether that petition shall
be granted or rejected is quite another thing, and
depends altogether on the favor of the Lodge.

This opinion has not, it is true, been universally-
adopted, though no force of authority, short of an
opposing landmark, could make one doubt its cor-
rectness. For instance, the Grand Lodge of Cali-
fornia decided that " the application of Apprentices
or Fellow Crafts for advancement, should, after
they have been once rejected by ballot, be governed
by the same principles which regulate the ballot on
petitions for initiation, and which require a proba-
tion of one year."*

This appears to be a singular decision of Masonic
law. If the reasons which prevent the advancement
of an Apprentice or Fellow Craft to a higher de-
gree, are of such a nature as to warrant the delay
of one year, it is far better to pre ?er charges against
the petitioner, and to give him the opportunity of a
fair and impartial trial. In many cases, a candi-
date for advancement is retarded in his progress
from an opinion on the part of the Lodge that he
is not yet sufficiently prepared for promotion by a
knowledge of the preceding degree — an objection
which may sometimes be remove I before the recur-

* Proceedings G. L. of California, 1857. Several Grand Lodges have
prescribed a certain period which must elapse before a rejected Apprentice
can apply a second time for advancement. These are, however, only local
regulations, and are unsupported by the ancient Landmarks or the general
principles of Masonic law, being rather, as I U ink I have shewn, in oppusi
tion to the latter.

OF ENTERED APPRENTICES. 171

rence of the next monthly meeting. In such a case,
a decision like that of the Grand Lodge of Cali-
fornia would be productive of manifest injustice.
I hold it, therefore, to be a more consistent rule,
that the candidate for advancement has a right to
apply at every regular meeting, and that whenever
any moral objections exist to his taking a higher
degree, these objections should be made in the form
of charges, and their truth tested by an impartial
trial. To this, too, the candidate is undoubtedly
entitled, on all the principles of justice and equity.

Whatever may be the rights of an Entered Ap-
prentice, they are liable to forfeiture for misconduct,
and he may be suspended, expelled, or otherwise
masonically punished, upon adequate cause and
sufficient proof. An Apprentice may therefore be
tried, but the trial must be conducted in the first
degree ; for every man is entitled to trial by his
peers. But as none but Master Masons can inflict
punishment, since they alone now constitute the
body of the craft, the final decision must be made in
the third degree. He is also entitled to an appeal
to the Grand Lodge, from the sentence of his Lodge,
because the benign spirit of our institution will al-
low no man to be unjustly condemned ; and it is
made the duty of the Grand Lodge to see that the
rights of even the humblest member of the Order
shall not be unjustly invaded, but that impartial
justice is administered to all. This question of the
trial of Entered Apprentices will, however, be re-
sumed on a subsequent occasion, when we arrive at
the topic of Masonic trials.

CHAPTER II.

©f jFelloto Crafts,

It was stated in the preceding chapter that there
was a time, in the early part of the eighteenth cen-
tury, when Apprentices composed the body of the
craft, and when the membership in the subordinate
Lodges seldom extended, except as to the presiding
officers, beyond the possessors of that degree. But
it was also remarked that this statement was to be
taken with some reservation, as there appears cer-
tainly to have been a still earlier period in the his-
tory of the Order, when Apprentices did not occupy
this elevated and important position, and when the
body of the membership was composed of Fellow
Crafts.

In the sixteenth and seventeenth centuries, and
at still more remote periods, the operative element
constituted an important ingredient in the organiza-
tion of the institution.* The divisions of the mem-

* So much was this the case that Preston informs us that, in the very be-
ginning of the 18th century, it was found necessary, for the purpose of in-
creasing the number of members, to adopt a proposition by which " the
privileges of Masonry should no longer be restricted to operative 3Iasons,
but extend to men of various professions, provided that they were regularly

OP FELLOW CRAFTS.

173

bers into grades at that time were necessarily
assimilated to the wants of such an operative insti-
tution. There were Masters to superintend the
work, Fellow Crafts, or, as they were almost always
called, Fellows, to perform the labor, and Appren-
tices, to be instructed in the principles of the art.
Hence, in all the oldest records, we find constant
allusions to the Felloics, as constituting the main
oody of the fraternity ; and the word " Fellow/7 at
that time, appears to have been strictly synonymous
with " Freemason." Thus, Elias Ashmole, the cele-
brated antiquary, says in his " Diary," that on the
16th of October, 1646, he " was made a Freemason
at Warrington, Lancashire, with Colonel Henry
Mainwaring, of Kerthingham, in Cheshire, by Mr.
Richard Penket, the Warden, and the Fellow Crafts"
And again, under the date of March 10th, 1682,
when speaking of another reception "which took
place on that day at Masons' Hall, in London, he
says : " I was the Senior Fellow among them — it
being thirty-five years since I was admitted. There
were present, besides myself, the Fellows after
named," and he proceeds to give the names of these
Fellows, Which it is unnecessary to quote.

approved and initiated into the Order."— Preston, p. 180. This quotation
from Preston is an instance of that carelessness in the statement of facts
which was the " easily besetting sin" of our early Masonic writers, and which
will prove the greatest embarrassment to him who shall undeitake to write,
what is yet to be written, a Philosophical History of Freemasonry. . Preston
must have known, if he had reflected at all on the subject, that the restric
Hon against the admission of professional and literary men had been pre
viously removed, or how could such men as Ashmole have been initiated ?

174

OF FELLOW CRAFTS.

Throughout the whole of the Ancient Charges and
Regulations, until we get to those emendations of
them which were adopted in 1721 and 1722, we find
no reference to the A oprentices, except as a subor-
dinate and probationary class, while the Fellow
Crafts assume the position of the main body of the
fraternity, that position which, in the present day, is
occupied by the Master Masons.

Thus, in the Old York Constitutions of 926, it is
said, " No man shall be false to the craft, or enter-
tain a prejudice against his Master or Fellows."*
And again : " No Mason shall debauch .... the
wife .... of his Master or Fellows ;"t where
clearly " Master" is meant to designate the presid-
ing officer simply, who might or might not, for all
that we know, have been in possession of a higher
degree, while " Fellows" denote the whole body of
members of the Lodge. But these Constitutions are
still more explicit in the use of the term, when
they tell us that the " General Assembly or Grand
Lodge shall consist of Masters and Fellows, Lords,
Knights," &c.J

* Old York Const., point 4. In the original, from Halli well's manuscript,
the law is thus expressed, and I quote it because the Apprentices are here
described as a distinct class :

" Ny no pregedysse he shall not do
To his mayster, ny his fellowes also ;
And that the prentes be under awe,
That he wolde have the same law."
f Point 7. In the original thus :

" Thou schal not by thy maystres wyf Iy,
Ny by thy felowes."
j Point 12. In the original :

u Ther as the semble y-holde schal be,
Ther schal be maystrys and felowes also."

"OF FELLOW CRAFTS.

175

In the' " Ancient Installation Charges,"* which
are of a date between 1685 and 1688, the word
" Fellow" is very exactly defined as signifying a
" Mason/1 for it is there said : " Ye shall call all
Masons your Fellows, or your Brethren, and no
other names." And in the " Ancient Charges at
Makings," which will be found in the First Book of
this volume,t we are told that it is the duty
of "the Master to live honestly, and to pay his
Fellows truly.". Again : that " every Master and
Fellow shall come to the assembly, if it be
within fifty miles of him, if he have any warning."
And lastly, that il every Mason shall receive and
cherish strange Vellows, when they come over the
country."

During all this time, the Apprentices are seldom
alluded to, and then only as if in a subordinate posi-
tion, and withovt the possession of any important
prerogatives. Thus, they are thrice spoken of only
in the York Constitutions of 926} "where the Master

* See them in this wot.r, p. 49.

t On page 51. In re publishing these Charges, on the page just quoted,
it was merely stated thai they were contained in a MS. in the Lodge of An-
tiquity in London. But ;t should also have been added that they are to be
also found in the Librawof the British Museum, among the Landsdowne
MSS., which are a large collection of papers and letters that were collected
by Lord Burleigh, who, in 1572, was Lord Treasurer of England, under
Queen Elizabeth. These papers are known as the " Burleigh Papers f and
one of them, marked in the catalogue of the Landsdowne MSS. as No. 98,
Article 48, is a curious legend of the origin of Freemasonry, which terminates
with those Ancient Chai $es which I have cited on page 51. The " Ancient
Charges at Makings" are therefore certainly to be traced back as far as the
middle of the sixteenth century, and it is probable that they existed at a
much earlier period

176 OF FELLOW CRAFTS.

is directed to take no Apprentice "for less ,Aau
seven years to take care, in the admission '>f an
Apprentice, " that he do his lord no prejudice f and
to " instruct his Apprentice faithfully, and make him
a perfect workman." And in the " Ancient Charges
at Makings," it is implied that either a Master or
Fellow may take an Apprentice.

These citations from the Ancient Regulations
need not be extended. From them we may collect
the facts, or at least the very probable suppositions,
that in the very earliest history of the Order,
the operative character predominating, the Fellow
Crafts, under the designation of " Fellows," consti-
tuted the main body of the fraternity, while the
Masters were the superintendents of the work ;
that at a later period, about the beginning of the
eighteenth century, the speculative character pre-
dominating, the Apprentices arose in dignity and
became the body of the fraternity,* while the Fel-
low Crafts and Master Masons were intrusted with
the offices ; and that still later, at some time in the
course of the eighteenth century, which certainly
was not very long after the year 1725, the Ap-
prentices and Fellow Crafts descended into a sub-
ordinate position, just such an one as the former

* Dr. Oliver, in his "Dissertation on the State of Freemasonry in the
Eighteenth Century," corroborates this view. He says : " Thus our brethren
of the eighteenth century seldom advanced beyond the first degree. Few
were passed, and still fewer were raised from their 4 mossy bed.' The Mas
ter's degree appears to have been much less comprehensive than at present j
and for some years after the revival of Masonry, the third degree was unap
proacbable to those who lived at a distance from London."

OF FELLOW CRAFTS.

177

class had originally occupied, and the Master Masons
alone composed the body of the craft.

At the present day, Fellow Crafts possess no
more rights and prerogatives than do Entered Ap-
prentices. Preston, indeed, in his charge to a can*
didate who has been passed to that degree, says
that he is entitled in the meetings to express his
" sentiments and opinions on such subjects as are
regularly introduced in the lecture, under the super-
intendence of an experienced Master, who will
guard the landmark against encroachment." If thi3
only means that in the course of instruction he may
respectfully make suggestions for the purpose of
eliciting further information, no one will, I pre-
sume, be willing to deny such a privilege. But the
traditional theory that Apprentices were not per-
mitted to speak or vote, but that Fellow Crafts
might exercise the former right, but not the latter,
has no foundation in any positive law that I have
been enabled to discover. I have never seen this
prerogative of speaking assumed by a Fellow Craft
in this country, and doubt whether it wo aid be per-
mitted in any well regulated Lodge.

It was certainly the usage to permit both Appren-
tices and Fellow Crafts to vote, as well as to speak,
but there never was such a distinction as that al-
luded to in the text. The Old Regulations of the
Grand Lodge of England provided that " the Grand
Master shall allow any Brother, a Fellow Craft, or
Entered Prentice, to speak, directing his discourse
to his worship in the chair ; or to make any motion

178 OP FELLOW CRAFTS.

for tLe good of the fraternity, which shall be either
immediately considered, or else referred to the con-
sideration of the Grand Lodge, at their next
communication, stated or occasional." But this regu-
lation has long since been abrogated.

Fellow Crafts formerly possessed the right of
being elected Wardens of their Lodge,* and even of
being promoted to the elevated post of Grand
Master ,t although, of course — and the language of
the Regulation implies the fact — a Fellow Craft
who had been elected Grand Master, must, after his
election, be invested with the Master's degree.

At the present day, Fellow Crafts possess no
other rights than those of sitting in a Lodge of
their degree, of applying for advancement, and
of being tried by their peers for Masonic offences,
with the necessary privilege of an appeal to the
Grand Lodge. But, as in the exercise of these
rights, all that has been said in the preceding chap-
ter, as relating to Entered Apprentices, is equally
applicable to Fellow Crafts, the discussion need not
be repeated.

* " No Brother can be a Warden until he has passed the part of a Fellow
Craft." — Charges of 1122. In the manner of constituting a new Lodge, aa
practised by his Grace the Duke of Wharton, (Anderson's Const., first cd.
p. 72,) it is said : " Then the Grand Master desires the new Master to entei
immediately upon the exercise of his office, in chusing his Wardens ; and
the new Master, calling forth two Fellow Craft, presents them to the Grand
Master."

t " No Brother can be ... . Grand Master unless he has been a Fellow
Craft before his election.''— Charges of 1722.

CHAPTER III.

& t faster 3rH a s o u s .

When an initiate has been raised to " the sublime
degree of a Master Mason," he becomes, strictly-
speaking, under the present regulations of our
institution, an active member of the fraternity,
invested with certain rights, and obligated to the
performance of certain duties, which are of so
extensive and complicated a nature as to demand
a special consideration for each.

Of the rights of Master Masons, the most im-
portant are the following :

1. The Right of Membership ,

2. The Right of Affiliation;

3. The Right of Visit;

4. The Right of Avouchment;

5. The Right of Relief ;

6. The Right of Demission;

7. The Right of Appeal;

8. The Right of Burial;

9. The Right of Trial.

Each of these important rights, except the last,
will be made the topic of a distinct section. The

180

EIGHT OF MEMBERSHIP.

consideration of the Right of Trial, as it forms a
natural concomitant to the doctrine of Masonic
crimes and punishments, will therefore be more
properly considered in a subsequent part of this
work, where it will find its legitimate place.

SECTION L

OF THE RIGHT OF MEMBERSHIP

The first right which a Mason acquires, after the
reception of the third degree, is that of claiming
membership in the Lodge in which he has been ini-
tiated. The very fact of his having received that
degree, makes him at once an inchoate member of
the Lodge — that is to say, no further application is
necessary, and no new ballot is required ; but the
candidate, having now become a Master Mason,
upon signifying his submission to the regulations
of the Society, by affixing his signature to the book
of by-laws, is constituted, by virtue of that act, a
full member of the Lodge, and entitled to all the
rights and prerogatives accruing to that position.

The ancient Constitutions do not, it is true, ex-
press this doctrine in so many words ; but it is dis-
tinctly implied by their whole tenor and spirit, as
well as sustained by the uniform usage of the craft,
in all countries. There is one passage in the Regu-
lations of 1721 which clearly seems to intimate that
there were two methods of obtaining membership
in a Lodge, either by initiation, when the candidate
is said tc be " entered a "Brother," or by what is

*HIGHT OP MEMBERSHIP.

181

now called " affiliation," when the applicant is said
to be " admitted to be a member." But the whole
phraseology of the Regulation shows that the rights
acquired by each method were the same, and that
membership by initiation and membership *by affilia-
tion effected the same results.* The modern Con
stitutions of the Grand Lodge of England are
explicit on the subject, and declare that " every
Lodge must receive as a member, without further
proposition or ballot, any Brother initiated therein,
provided such Brother express his wish to that
effect on the day of his initiation."!

The Constitution of the Grand Lodge of New
York announces a similar doctrine ;J and, in fact, I
have not met with the by-laws of any particular
Lodge in which it is not laid down as a principle,
that every initiate is entitled, by his reception in
the third degree, to claim the privilege of member-
ship in the Lodge in which he has been initiated.

The reason of this universal Regulation, (so uni-
versal that were it not for the fact that membership
itself, as a permanent characteristic, is of modern
origin, it might almost claim to be a Landmark,) is
at once evident. He who has been deemed worthy,
after three ordeals, to receive all the mysteries that

* The passage referred to is to be found in Art. vi. of the Regulations of
1721. — See ante,p. G6. The preceding Regulation says : " No man can be
made or admitted a member," where clearly it is meant that a man " is made r?
a member by initiation, and " admitted " by affiliation, upon petition.

f Const, of G. L. of England, of Private Lodges, § 16, p. 64.

% " Initiation makes a man a Mason ; but he must receive the Master
Mason's degree, and sign the by-laws, before he becomes a member of the
Lodge."— Const. G. L. o/iV. Y., § 8, subd. 15.

182

RIGHT OP MEMBERSHIP.

it is in the power of a Lodge to communicate, can-
not, with any show of reason or consistency, be
withheld from admission into that household, whose
most important privileges he has just been permitted
to share. If properly qualified for the reception of
the third degree, he must be equally qualified for
the rights of membership, which, in fact, it is the
object of the third degree to bestow ; and it would
be needless to subject that candidate to a fourth
ballot, whom the Lodge has already, by the most
solemn ceremonies, three times declared worthy
" to be taken by the hand as a Brother." And
hence the Grand Lodge of England has wisely as-
signed this as a reason for the law already quoted,
namely, that " no Lodge should introduce into
Masonry a person whom the Brethren might con-
sider unfit to be a member of their own Lodge."*

But this inchoate membership is to be perfected,
it will be recollected, by the initiate, only upon his
affixing his signature to the by-laws. He does not
by his mere reception into the third degree, become
a member of the Lodge. He may not choose to
perfect that inchoation ; he may desire to affiliate
with some other Lodge ; and in such a case, by de-
clining to affix his signature to the by-laws, he re-
mains in the condition of unaffiliation. By having
been raised to the third degree, he acquires a claim
to membership, but no actual membership. It is
left to his own option whether he will assert or for-
feit that claim. If he declines to sign the by-law,s

* Const. Grand Lod^e of England, ut supra.

TIIGHT OP MEMBERSHIP.

183

he forfeits his claim ; if he signs them, he asserts it,
and becomes ipso facto a member.

Now, the next question that arises is, how long
does the right of asserting that claim inure to the
candidate ; in other words, how long is it after his
reception that the recipient may still come forward,
and by affixing his signature to the by-laws, avail
himself of his right of membership, and without
further application or ballot, be constituted a mem-
ber of the Lodge in which he has been initiated ?

Although the landmarks and ancient Constitu-
tions leave us without any specific reply to this
question, analogy and the just conclusions to be de
rived from the reason of the law, are amply sufficient
to supply us with an answer.

The newly made candidate, it has already been
intimated, possesses the right to claim his member-
ship without further ballot, on the reasonable ground
that, as he was deemed worthy of reception into the
third degree, it would be idle to suppose that he
was not equally worthy of admission into full
membership ; and we have seen that this was the
reason assigned by the Grand Lodge of England
for the incorporation of this provision into its
constitution.

Now, this is undoubtedly an excellent and un-
answerable reason for his admission to membership,
immediately upon his reception. But the reason
loses its force if any time is permitted to elapse
between the reception of the degree and the admis-
sion to membership. No man knows what a da?

184

RIGHT OF MEMBERSHIP.

may bring forth. He that was worthy on Monda} ,
may on Tuesday have committed some act by which
his worthiness will be forfeited. It may be true, as
the Roman satirist expresses it. that no man becomes
suddenly wicked ;* and it may be reasonable to sup-
pose that, for some time after his initiation, the
habits and character of the initiate will remain un-
changed, and therefore that for a certain period the
members of the Lodge will be justified in believing
the candidate whom they have received to continue
in possession of the same qualifications of charac-
ter and conduct which had recommended and ob-
tained his reception. But how are we to determine
the extent of that period, and the time when it will
be unsafe to predicate of the recipient a continuance
of good character ? It is admitted that after three
months, it would be wrong to draw any conclusions
as to the candidate's qualifications, from what was
known of him on the day of his reception ; and ac-
cordingly many Lodges have prescribed as a regu-
lation, that if he does not within that period claim
his right of membership, and sign the by-laws, that
right shall be forfeited, and he can then only be ad-
mitted upon application, and after ballot. But why
specify three months, and not two, or four, or six ?
Upon what principle of ethics is the number three
to be especially selected? The fact is, that the
moment that we permit the initiate to extend the
privilege of exercising his right beyond the time
which is concurrent with his reception, the reasor

* " Nemo repente fuit turpissimus."— Juvenal.

" RIGHT OF MEMBERSHIP.

18,5

of the law is lost. The candidate having been
deemed worthy of receiving the third degree, must,
at the time \ f his reception of that degree, also be
presumed to be worthy of membership. This is in
the reason of things. But if a month, a week, or a
single day is allowed to elapse, there is ho longer a
certainty of the continuance of that worthiness ; the
known mutability and infirmity of human character
are against the presumption, and the question of its
existence should then be tested by a ballot.

Again, one of the reasons why a unanimous ballot
is required is, that a " fractious member" shall not
be imposed on the Lodge, or one who would " spoil
its harmony.77* Now, if A is admitted to receive
the third degree on a certain evening, with the
unanimous consent of all the Lodge, which must, of
necessity, include the affirmative vote of B, then on
the same evening he must be qualified for admission
to membership, because it is not to be presumed that
B would be willing that A should receive the third
degree, and yet be unwilling to sit with him in the
Lodge as a fellow-member ; and therefore A may be
admitted at once to membership, without a needless
repetition of the ballot, which, of course, had been
taken on his application for the degree. But if any
length of time is permitted to elapse, and if, after a
month, for instance, A comes forward to avail him-
self of his right of admission, then he shall not be
admitted without a ballot; because, between the
time of his reception at the preceding meeting, and

* Regulations of 1721, art. L

186

RIGHT OF MEMBERSHIP.

the time of his application at the subsequent one,
something may have occurred between himself and
B, a member of the Lodge, which would render him
objectionable to the latter, and his admission would
then " spoil the harmony" of the Lodge, and " hinder
its freedom."

The Regulation, therefore, adopted by the Grand
Lodge of England, which prescribes that the candi-
date, to avoid a ballot, must express his wish to be
received a member on the day of his initiation, that
is, of his reception into the third degree,* seems to
be the only proper one. Any Regulation that ex-
tends the period, and permits the candidate to sign
the by-laws and become a member without a ballot,
provided he does so within two or three months, or
any other determined period extending beyond the
day of his reception, is contrary to the spirit and
tenor of the law, and is calculated to be sometimes
of a mischievous tendency. If the candidate does
not assert his right on the day of his reception into
the third degree, he loses it altogether ; and must,
to acquire membership, submit to a petition and
ballot, as in the case of any other affiliation.

Before proceeding to an examination of the rights
and duties of membership, it is proper that we
should briefly discuss the question whether a Mason

* The modern Constitutions of the G. L. of England constantly use the
word " initiation" as synonymous with " reception into the third degree."
Thus, on p. 66 : " Each Lodge shall procure for every Brother initiated
therein a Grand Lodge certificate." But Grand Lodge certificates are only
granted to Master Masons, and therefore the term initiated, in this article;
must signify raised to the third degree.

RIGHT OF MEMBERSHIP.

187

can be a member of more than one Lodge at the
same time. The Ancient Constitutions make no
allusion to this double membership, either by way
of commendation or prohibition ; but it must be ad-
mitted that in all those old documents the phraseo
logy is such as to imply that no Mason belonged to
more than one Lodge at a time. On the other
hand, however, a Eegulation was adopted by the
Grand Lodge of England, in February, 1724, pre-
scribing that " no Brother shall belong to more than
one Lodge within the bills of mortality/'* that is,
in the city of London. Now, two deductions are
to be made from the adoption of such a Regulation
at so early a period as only two years after the ap-
proval of the " Old Charges," which are considered
by many as almost equivalent to Landmarks. These
deductions are, first, that at that time Masons were
in the habit of joining more than one Lodge at a
time, and secondly, that although the Grand Lodge
forbade this custom in the Lodges of the city, it had
no objection to its being continued in the country.
But the Regulation does not seem ever to have been
enforced ; for, in 1738, Dr. Anderson found occasion
to write, " But this Regulation is neglected, for
several reasons, and is now obsolete'7 — a remark
that is repeated in 1756, in the third edition of the
Book of Constitutions. t

I doubt the expediency of any Mason being an
active member of more than one Lodge, and I am

* See Anderson's Constitutions, edit. 1738, p. 154.
t Book of Const, edit. 1756, p. 313.

J88

RIGHT OF MEMBERSHIP.

sure of its inconveniency to himself.* Yet, if any
one is disposed to submit to this inconvenience, I
know of no Landmark or ancient Regulation that
forbids him. The Old Charge, which says that
every Mason should belong to a Lodge, does not
imply that he may not belong to two ; but in that
case, suspension or expulsion by one Lodge would
act as suspension or expulsion by both. As, how-
ever, this matter constitutes no part of Ancient
Masonic Law, it is competent for any Grand Lodge
to make a local Regulation on the subject, which
will of course be of force in its own jurisdiction. t

* " It is as true in Masonry as elsewhere that no man can serve two mas-
ters. Whenever tried, the impossibility of rendering a divided allegiance
perfect in each case, becomes at once apparent. The call of one body may
lie in exactly a contrary direction from that of the other, given at the same
instant of time. A member of two or more Lodges may be summoned tc
appear before each, with which he is thus connected, on the same evening.
How, then, is he to fulfill hi3 duties ? Which summons should he obey ?"~
Com. For. Corres. G. L. of Illinois, 1845, p. 54.

f Thus the Grand Lodge of Virginia says : " Any Brother may be a mem-
ber of as many Lodges as choose to admit him." — Method. Digest in
Dove's Masonio Text-Book, p. 252. The Grand Lodge of South Carolina
gays : " No Brother shall be a member of two Lodges at the same time
within three miles of each other, without a dispensation from the Grand
Master." — Rules and Regulations, xix. 16. The Grand Lodge of New
York prescribes that " no Mason can be in full membership in more than
one Lodge at the same time." — Const., tit. v., § 25. I find also the following
Regulations in other Grand Lodges : " No Brother shall be a member of more
than one subordinate Lodge at the same time." — Const. G. L. New Hamp
" No Lodge shall admit to membership any Brother who is already a mem-
ber of a Lodge und^r the jurisdiction of the Grand Lodge." — Const. G. JL
Maryland. " No Brother can be a member of more than one Lodge at the
same time." — Const. G. L. Missouri. " No Brother shall be a member of
more than one Lodge." — Const. G. L. Michigan. The Grand Lodges of
England and Ireland, and I think of Scotland, permit Masons to be members
of more than one Lodge, but net to hold office in each, except by a disp^n

EIGHT OF MEMBERSHIP.

189

Whore there is no such local Regulation a Mason
may be a member of as many Lodges as he pleases,
and which will admit him.

Honorary membership is quite a recent invention,
and is now conferred only as a mark of distinction
on Brethren of great talents or merits, who have
been of service, by their labors or their writings, to
the fraternity. It confers no powers on the re-
cipient like those which are the results of active or
full membership, and amounts to no more than a
testimonial of the esteem and respect entertained by
the Lodge which confers it for the individual upon
whom it is conferred.

The Virginia Committee on Masonic Jurispru-
dence in 1856, give a different definition of honor-
ary membership. They say : " TVre mean by honorary
member one who is entitled to all the privileges and
honors conferred by Lodge membership, while he is
exempt from all the requirements of such Lodge, as
riet forth in its by-laws ; he pays no dues, attends no
summons, except voluntarily,"* &c. If by the ex-

sation. Dr. Oliver calls the rale forbidding this doable membership " an
absurd law." On the whole, after due investigation, I am led to believe that
formerly it was by no means unusual, as is now the case in Europe, for
Masons, to belong to more Lodges than one, but that recently a disposition
has been exhibited among our Grand Lodges to discountenance the practice.
As I have already said, it is to be regarded altogether as a mere matter of
local regulation. If not prohibited by a special Regulation of a Grand Lodge,
it is not forbidden by the Landmarks and Ancient Constitutions.

* The cases to which the Virginia Committee confine honorary member-
ship seem to show that they viewed it as differing in no respect from active
or full membership. It should, they think, be conferred only on a poor
Brother who cannot afford to pay arrears ; on a Past Master, who is needed

190

RIGHT OP MEMBERSHIP.

pression, " who is entitled to all the privileges and
honors conferred by Lodge membership," the com-
mittee, as the words purport, intend to convey the
idea that such a member may vote on all questions
before the Lodge, as well as on petitions and at
elections, may hold office, and represent the Lodge
in the Grand Lodge, I can see no difference between
a Mason occupying such a position of honoraiy
membership and one holding membership in two
Lodges at the same time. Such an honorary mem-
ber is nothing more than an active member, excused
by the Lodge from the payment of annual dues. I
have just shown that there is no constitutional ob-
jection to such a condition of things, if the local
regulations of the jurisdiction permit it, however
its expediency may be doubted. But this is not
the kind of honorary membership which is gene-
rally understood by that title. Lexicographers cer-
tainly give a very different definition of the word.
Johnson, for instance, defines honorary as " confer-
to organize a new Lodge, and yet who is unwilling to leave his own ; on old
members of a dormant Lodge, whose names are necessary after their affilia
tion with other Lodges, for the purpose of reviving the dormant one ; and on
Masons called by duty to be absent for a length of time in a foreign country,
In which case honorary membership, instead of a demit, is to be granted.
It is strange, with this last case in view, that the Committee should have
closed this part of their report with the declaration that they " disapprove
of the practice of electing to honorary membership, when that election
exempts the brother from all or any of the requirements of Masonry." I can
conceive of no greater drone in the Masonic hive than the Mason who, be-
cause he is about to leave home for a temporary period, would require a do
mit, that he might be exempted from the payment of annual dues during his
absence. Certainly such a Mason is the last man to be entitled to an
honorarium from the Order.

RIGHT OF MEMBERSHIP.

191

ring honor without gain/7 and he cites the follow-
ing example of the word from Addison : " The
Romans abounded with little honorary rewards, that
without conferring wealth and riches, gave only
place and distinction to the person who received
them." Webster also says that the word honorary
signifies " possessing a title or place, without per-
forming services or receiving a reward, as an honor-
ary member of a society." In this view, honorary
membership will be a pleasing token of the estima-
tion in which a distinguished Brother is held, and
will be conferred honoris causa, for the sake of the
honor which it conveys, without bringing with the
acquisition any rights or prerogatives, which should
belong alone to active membership.* If this title
of merit is hereafter to be adopted, as it seems pro-
bable that it will be, as a usage of the fraternity, it
is almost needless to say that it should be conferred
only on one who is affiliated by active membership
in some other Lodge. Unaffiliated Masons should
receive none of the honors of the craft.

The Committee of Foreign Correspondence of the
Grand Lodge of North Carolina, in 1851, used this
language : " We condemn this principle [honor-
ary membership] as un-masonic and improper. No

* The Constitution of the Grand Lodge of New York recognizes the con
dition of honorary membership, and defines honorary members as b.nng
" members of a Subordinate Lodge by adoption" — a definition which 1 confess
I am at a loss to comprehend. It prescribes that it may be conferred on a
poor Brother who is nnable to pay dues, which, if he is invested with the
right of voting and holding office, is, as I have said above, only active nero
bership, without the payment of arrearages.

192

RIGHT OF MEMBERSHIP.

ancient precedent can be given — no ancient lan-
guage cited to justify it. It is following too much
after the devices and delusions of the world. Wo
are taught that worldly honor should not be made
to bear upon a person's advancement in the honors
ol Masonry. It is only the Mason who can best
work who should be advanced and made honorable
in the Order." Granted, and this is exactly what is
proposed to be done by the establishment of honor-
ary membership. Masons who have wrought dili-
gently in the Order, and for the Order, who by
their labors have instructed their brethren and
elevated the character of the institution, should
" be advanced and made honorable in the Order
and I know of no easier and yet more gratifying
method of doing so than by electing them as honor-
ary members. Other societies, literary and profes-
sional, have adopted this system of rewarding thos*
who have faithfully labored in their respective
vineyards ; and I can see no valid objections, but
many excellent reasons, why Masonry should adopt
the same course. If to reward merit be one of the
f devices and delusions of the world," the sooner
we allow it to lead us onward, the better for us and
the institution.

Having thus disposed of the questions of double
and of honorary membership, it is proper that we
should now inquire into the prerogatives, as well as
the duties which result from active membership in a
Masonic Lodge.

Every Master Mason, wrho is a member of a Lodge,

RIGHT OF MEMBERSHIP.

193

has a right to speak and vote on all questions that
come before the Lodge for discussion, except on
trials in which he is himself interested. Rules of
order may be established restricting the length and
number of speeches, but these are of a local nature,
and will vary with the by-laws of each Lodge.

A Mason may also be restricted from voting on
ordinary questions where his dues for a certain
period — generally twelve months — have not been
paid ; and such a Regulation exists in almost every
Lodge. But no local by-law can deprive a member
who has not been suspended, from voting on the
ballot for the admission of candidates, because the
Sixth Regulation of 1721 distinctly requires that
each member present on such occasion shall give
his consent before the candidate can be admitted.*
And if a member were deprived, by any by-law of
the Lodge, in consequence of non-payment of his
dues, of the right of expressing his consent or dis-
sent, the ancient Regulation would be violated, and
a candidate might be admitted without the unani-
mous consent of all the members present.

Every member of a Lodge is eligible to any office
in the Lodge, except that of Worshipful Master.
Eligibility for this latter office is only to be acquired
by having previously held the office of a Warden.'!*

* " But no man can be entered a Brother of any particular Lodge, or ad-
mitted to be a member thereof, without the unanimous consent of all the
members of that Lodge then present when the candidate is proposed." —
Beg. of 1721, art vi.

f " No Brother can be a Warden until he has passed the part of a Fellow
Craft; nor a Master until he has acted as a Warden."-- Charges of 1722,

194

RIGHT OF MEMBERSHIP.

But in the instance of new Lodges, the Grand Mas-
ter may, by his dispensation, authorize any compe-
tent Master Mason to discharge the duties of Master
In cases of emergency also, in old Lodges, where
none of the Past officers are willing to serve, the
Grand Master may issue his dispensation authoriz-
ing the Lodge to select a presiding officer from the
floor. But this can only be done with the consent
of all the Wardens and Past Masters ; for, if any
one of them is willing to serve, the Lodge shall not
be permitted to elect a Brother who has not pre-
viously performed the duties of a Warden.

The payment of dues is a duty incumbent on all
the members of a Lodge, which, although of com-
paratively recent date, is now of almost universal
usage. Formerly, that is to say, before the revival
of Masonry in 1717, Lodges received no warrants ;
but a sufficient number of Brethren, meeting to-
gether, were competent to make Masons, and prac-
tice the rites of Masonry.* After the temporary
business which had called them together had been
performed, the Lodge was dissolved until some simi-
lar occasion should summon the Brethren again
together. There was then no permanent organiza-
tion — no necessity for a Lodge fund — and conse-
quently no Regulation requiring the payment of
annual dues. When Lodges, however, became per-
il'. Fellow Crafts then constituted the body of the fraternity. Master
Masons have now taken their place, and whatever is said in the Old Consti
rations of the former, is at this day, in general, applicable to the lattei .
* Pkeston, Illustrations, p. 182

RIGHT OF MEMBERSHIP.

195

manently established by warrants of Constitution,
permanent membership followed, and of course the
payment of some contribution was required from
each member as a fund towards defraying the ex-
penses of the Lodge. It is not a general Masonic
duty, in which the Mason is affected towards the
whole body of the craft, as in the duty of moral
deportment, but is to be regarded simply in the
light of a pecuniary contract, the parties to which
are the Lodge and its members. Hence it is not
prescribed or regulated by any of the Ancient Con-
stitutions, nor is it a matter with which Grand
Lodges should ever interfere. However, as the
non-payment of dues to a Lodge has of late years
been very generally considered as a Masonic offence,
(which, by the way, it is not always,) and as punish-
ment of some kind has been adopted for its enforce-
ment, this subject will be again resumed when we
arrive at that part of the present work which treats
of Masonic crimes and punishments.

The other rights and duties of Master Masons,
which are in part connected with the condition of
membership, such as the right of demission, of visit
and of relief, are so important in their nature as tc
demand for each a separate section.

196

RIGHT OP AFFILIATION.

' SECTION II.

OF THE RIGHT OF AFFILIATION.

Masonic membership is acquired, as I have already
said, in two ways ; first, by initiation into a Lodge,
and secondly, by admission, after initiation, into
another Lodge, upon petition and ballot. The for-
mer method constituted the subject of discussion in
the previous section ; the latter, which is termed
" affiliation," will be considered in the present.

All the rights and duties that accrue to a Master
Mason, by virtue of membership in the Lodge in
which he was initiated, likewise accrue to him who
has been admitted to membership by affiliation.
There is no difference in the relative standing of
either class of members : their prerogatives, their
privileges, and their obligations are the same. It
is therefore unnecessary to repeat what has been
said in the preceding section in reference to the
rights of membership, as everything that was there
written respecting members admitted upon their re-
ception of the third degree, equally applies to those
who have been admitted by application.

There is, however, a difference in these methods
of admission. It has been seen that those who
acquire membership in a Lodge, by virtue of having
received therein the third degree, obtain thajt mem-
.bership as a matter of right,* without petition and
without ballot. But a Master Mason, who is desir-
ous of affiliating with a Lodge in which he was not
initiated, or in which, after initiation, he had at the

RIGHT OF AFFILIATION.

197

legal lime declined or neglected to assert his right
of membership, must apply by petition. This peti-
tion must be read at a regular communication of the
Lodge, and be referred to a committee of investi-
gation, which committee, at the next regular com-
munication, (a month having intervened) will report
on the character and qualifications of the candidate ;
and if the report be favorable, the Lodge will pro-
ceed to ballot. As in the case of initiation, the
ballot is required to be unanimously in favor of the
applicant to secure his election. One black ball is
sufficient to reject him.

All of these Regulations, which are of ancient
date and of general usage, are founded on the fifth
and sixth of the Regulations of 1721, and are, it
will be seen, the same as those which govern the
petition and ballot for initiation. The Regulations
of 1721 make no difference in the cases of profanes
who seek to be made Masons, and Masons who de-
sire affiliation or membership in a Lodge.* In
both cases "previous notice, one month before,"
must be given to the Lodge, " due inquiry into the
reputation and capacity of the candidate" must be
made, and " the unanimous consent of all the mem-
bers then present" must be obtained. Nor can this
unanimity be dispensed with in one case any more

* The fifth Regulation of 1721 says : " No man can be made or admit-
ted a member of a particular Lodge," &c, clearly showing that the Mason
who is made in a Lodge, and the one who applies for affiliation, are both
placed in the same category. The phraseology of the sixth Regulation is to
the same effect : " No man can be entered a Brother in any particular Lodge
or admitted to be a member thereof," &c.

198

RIGHT OP AFFILIATION.

than it can in the other. It is the inherent privi-
lege of every Lodge to judge of the qualifications
oi its own members, " nor is this inherent privilege
subject to a dispensation."

I have said nothing here of the necessity that the
petition should be recommended by one or more
members of the Lodge. Such is a very general
usage, but not a. universal one ; and I can find no
authority for it in any of the ancient Constitutions,
nor is anything said upon the subject by Preston, or
any other written authorities that I have consulted.
On the contrary, it appears to me that such a re-
commendation is not essentially necessary. The
demit from the Lodge of which the candidate was
last a member, is itself in the nature of a recom-
mendation ; and if this accompanies the petition
for admission, no other avouchment should be re-
quired. The information in respect to present
character and other qualifications is to be obtained
by the committee of investigation, who of course
are expected to communicate the result #of what
they have learned on the subject to the Lodge.

Some of our modern Grand Lodges, however,
governed perhaps by the general analogy of appli-
cations for initiation, have required, by a specific
Regulation, that a petition for membership must be
recommended by one or more members of the Lodge ;
and such a Regulation would of course be Masonic
Law for the jurisdiction in which it was in force ;
but I confess that I prefer the ancient usage, which
seems to have made the presentation of a demit from

RIGHT OF AFFILIATION.

199

some other Lodge the only necessary recommendation
of a Master Mason applying for affiliation.*

There is one difference between the condition of
a profane petitioning for admission, and that of a
Master Mason applying for membership, which
claims our notice.

A profane, as has already been stated,t can apply
for initiation only to the Lodge nearest to his place
of residence ; but no such Regulation exists in refer-
ence to a Master Mason applying for membership.
He is not confined in the exercise of this privilege
within any geographical limits. No matter how
distant the Lodge of his choice may be from his
residence, to that Lodge he has as much right to ap-
ply as to the Lodge which is situated at the very
threshold of his home. A Mason is expected to
affiliate with some Lodge. The ancient Constitu-
tions specify nothing further on the subject. They #
simply prescribe that every Mason should belong to
a Lodge, without any reference to its peculiar lo-
cality, and a Brother therefore complies with the
obligation of affiliation when he unites himself with
any Lodge, no matter how distant ; and by thus
contributing to the support of the institution, he

* These demits or certificates appear formerly to have been considered as
necessary letters of introduction or recommendation, to be used by all
Masons when arriving at a new Lodge. Thus the Regulations of 1663, § 3,
prescribe. " that no person hereafter who shall be accepted a Freemason,
shall be admitted into any Lodge or assembly until he has brought a certifi
cate of the time and place of his acceptation from the Lodge that accepted
him, unto the Master of that limit or division where such Lodge is kept."

\ See ante, p. U9.

200

EIGHT OP AFFILIATION.

discharges his duty as a Mason, and becomes entitled
to all the privileges of the Order.*

This usage — for, in the absence of a positive law
on the subject, it has become a Regulation, from the
force of custom only — is undoubtedly derived from
the doctrine of the universality of Masonry. The
whole body of the craft, wheresoever dispersed,
being considered, by the fraternal character of the
institution, as simply component parts of one great
family, no peculiar rights of what might be called
Masonic citizenship are supposed to be acquired by
a domiciliation in one particular place. The Mason
who is at home and the Mason who comes from
abroad are considered on an equal footing as to all
Masonic rights ; and hence the Brother made, in
Europe is as much a Mason when he comes to
America, and is as fully qualified to discharge in
. • America all Masonic functions, without any form
of naturalization, as though he had been made in
this country. The converse is equally true. Hence
no distinctions are made, and no peculiar rights
acquired by membership in a local Lodge. Affilia-
tion with the Order, of which every Lodge is
equally a part, confers the privileges of active
Masonry. Therefore no law has ever prescribed
that a'Mason must belong to the Lodge nearest to
his residence, but generally that he must belong to

* The Charges of 1722 simply say, after describing what a Lodge is, that
" every Brother ought to belong to one." And it must be remembered that,
previous to that period, there could have been no Regulation on this subjert
as there were no permanent organizations of Lodges-

RIGHT OF AFFILIATION.

201

a Lodge ; and consequently the doctrine is, as it ha?
been enunciated above, that a Master Mason may
apply for affiliation, and unite himself with any
Lodge which is legal and regular, no matter how
near to, or how far from his place of residence.

Some Grand Lodges have adopted a Regulation
requiring a Mason, living in their respective juris-
dictions, to unite himself in membership with some
Lodge in the said jurisdiction, and refusing to
accord the rights of affiliation to one who belongs
to a Lodge outside of the jurisdiction. But I have
no doubt that this is a violation of the spirit of the
ancient law. A Mason living in California may
retain his membership in a Lodge in the State of
New York, and by so doing, is as much an affiliated
Mason, in every sense of the word, as though he
had acquired membership in a California Lodge.
I do not advocate the practice of holding member-
ship in distant Lodges ; for I believe that it is
highly inexpedient, and that a Mason will much
more efficiently discharge his duties to the Order
by acquiring membership in the Lodge which is
nearest to his residence, than in one which is at a
great distance ; but I simply contend for the prin-
ciple, as one of Masonic jurisprudence, that a Master
Mason has a right to apply for membership in any
Lodge on the face of the globe, and that member-
ship in a Lodge carries with it the rights of affilia-
tion wherever the member may go.*

* As it is here contended that a Mason may live in one place and bo a
meniv>ei or a Lodge in another, the question naturally arises, whether the

202

RIGHT OF AFFILIATION.

The effect of the rejection of the application of
a Master Mason for affiliation is different from that
of a profane for initiation. It has already been
said that when a profane petitions for initiation
and his petition is rejected, he can renew his peti-
tion only in the same Lodge. The door of every
other Lodge is closed against him. But it is not
so with the Master Mason, the rejection of whose
application for affiliation or membership by one
Lodge does not deprive him of the right to apply to
another. The reason of this rule will be evident
upon a little reflection. A Master Mason is in what
is technically called " good standing that is to
say, he is a Mason in possession of all Masonic rights
and privileges, so long as he is not deprived of that
character by the legal action of some regularly con-
stituted Masonic tribunal. Now, that action must
be either by suspension or expulsion, after trial and
conviction. A Mason who is neither suspended nor
expelled is a Mason in " good standing." Rejection,
therefore, is not one of the methods by which the
good standing of a Mason is affected, because re-
jection is neither preceded by charges nor accom-
panied by trial ; and consequently a Mason whose
application for affiliation has been rejected by a
Lodge, remains in precisely the same position, so far
as his Masonic standing is affected, as he was before

Lodge, within whose precincts he resides, but of which he is not a member;
can exercise its discipline over him, should he commit any offence requiring
Masonic punishment There is no doubt that it can ; but this question will
be fully discussed when we some, in a subsequent part of this work, to the
subject of Lodge jurisdiction.

BIGHT OF VISIT.

203

his rejection. He possesses all the rights and privi-
leges that he did previously, unimpaired and undi-
minished. But one of these rights is the right of
applying for membership to any Lodge that he may
desire to be affiliated with ; and therefore, as this
right remains intact, notwithstanding his rejection,
he may at any time renew his petition to the Lodge
that rejected him, or make a new one to some other
Lodge, and that petition may be repeated as often
as he deems it proper to do so.

The right of a member to appeal to the Grand
Lodge from the decision of the Master, on points of
order, or from that of the Lodge in cases of trial,
is a very important right; but one that will be more
appropriately discussed when we come hereafter to
the consideration of the appellate jurisdiction of
Grand Lodges.

SECTION" m.

THE RIGHT OP VISIT.

The Eight of Visit, may be defined to be that pre-
rogative which every affiliated Master Mason in
good standing possesses of visiting any Lodge into
which he may desire to enter. It is one of the most
important of all Masonic privileges, because it is
based on the principle of the identity of the Masonic
institution as one universal family, and is the ex-
ponent of that well known maxim that " in every
clime a Mason may find a home, and in every land
a Brother."

204

RIGHT OF VISIT.

Fortunately for its importance, this right is not
left to be deduced from analogy, or to be supported
only by questionable usage, but is proclaimed in dis-
tinct terms in some of the earliest Constitutions.
The Ancient Charges at Makings, that were in
force in 1688, but whose real date is supposed to be
much anterior to that time, instruct us that it is the
duty of every Mason to receive strange Brethren
" when they come over the country," which Regula-
tion, however the latter part of it may have refer-
red, in an operative sense, to the encouragement of
traveling workmen in want and search of employ-
ment, must now, in the speculative character which
our institution has assumed, be interpreted as signi-
fying that it is the duty o£ every Lodge to receive
strange Brethren as visitors, and permit them to
participate in the labors and instructions in which
the Lodge may, at the time of the visit, be engaged.

Modern authorities have very generally concurred
in this view of the subject. In June, 1819, in con-
sequence of a complaint which had been preferred to
the Grand Lodge of England against a Lodge in
London, for having refused admission to some
Brethren who were well known to them, on the
ground that, as the Lodge was about to initiate a
candidate, no visitor could be admitted until that
ceremony was concluded, the Board of General Pur-
poses resolved " that it is the undoubted right of
every Mason who is well known or properly vouched,
to visit any Lodge during the time it is opened for
general Masonic business, observing the proper

RIGHT OP VISIT.

205

forms to be attended to on such occasions, and so
that the Master may not be interrupted in the per
formance of his duty."*

The Grand Lodge of New York concurs in this
view, by declaring " that the right to visit, masonic-
ally, is an absolute right,"t and it qualifies the pro-
position by adding that this right " may be forfeited
or limited by particular regulations." This subject
of the forfeiture or restriction of the right will be
hereafter considered.

In the jurisdiction of Ohio, it is held that every
Mason in good standing " has a right to visit Lodges
when at labor, and that a Lodge cannot refuse such
a visitor, without doing him a wrong.!

In Mississippi, South Carolina, Michigan, and a
very large majority of American Grand Lodges, the
doctrine of the absolute right of visit is inculcated,
while the contrary opinion is maintained in Mary-
land, California, and perhaps a few other States.

The doctrine announced in Maryland is, that
" each Lodge is a family by itself, separate and dis-
tinct from all the rest of the world, and has an un-
questionable right to say who shall not be their
associates."§

* See Oliver's ed. of Preston, note top. 75.
f Const. G. L. of New York, 1858, § viii., s. 8.
% Com. of Corresp. G. L. of Ohio, 1856, p. 482.

§ Rep. of Com. of For. Corresp., 1854, p. 10. It is evident, however, that
this involves a very contracted view of the universality of Masonry, and that
by making each Lodge a distinct and independent family, the cosmopolitan
character of the institution is completely denied. Fortunately this theory ia
nowhere else recognized.

206

RIGHT OF VISIT.

The doctrine in California appears to be, that
" the right (so called) to visit masonically is not an
absolute right, but is a favor, to "which every lawfui
Mason in good standing is entitled, and which a
Lodge may concede or refuse at its discretion."

There is in the phraseology of this Regulation
such a contradiction of terms as to give an objection-
able ambiguity to the statute. If the right of visit
" is not an absolute right," then every Mason in
good standing is not entitled to it. And if it is a
favor to which " every lawful Mason in good stand-
ing is entitled," then no Lodge can " concede or re-
fuse it at its discretion." There seems almost to be
an absurdity in declaring by statute that every
Mason has a right to ask for that which may, with-
out cause assigned, be refused. The right mentioned
in the old adage that " a. cat may look at a king,"
has more substantiality about it than this mere right
of asking, without any certainty of obtaining.

The true doctrine is, that the right of visit is one
of the positive rights of every Mason ; because
Lodges are justly considered as only divisions for
convenience of the universal Masonic family. The
right may, of course, be lost or forfeited on special
occasions, by various circumstances ; but any Mas-
ter who shall refuse admission to a Mason, in good
standing, who knocks at the door of his Lodge, is
expected to furnish some good and satisfactory
reason for his thus violating a Masonic right. If
the admission of the applicant, whether a member
or visitor, would, in his opinion, bo attended with

RIGHT OF VISIT.

207

injurious consequences, such, for instance, as impair-
ing the harmony of the Lodge, a Master would then,
I presume, be justified in refusing admission. But
without the existence of some such good reason,
Masonic jurists have always decided that the right
of visitation is absolute and positive, and inures to
every Mason in his travels throughout the world.
Wherever he may be, however distant from his resi-
dence and in the land of the stranger, every Lodge
is, to a Mason in good standing, his home, where he
should be ever sure of the warmest and truest
welcome.

We are next to inquire into the nature of the re-
- strictions which have been thrown around the exer-
cise of this right of visit.

In the first place, to entitle him to this right of
visit, a Master Mason must be affiliated with some
Lodge. Of this doctrine there is no question. All
Masonic authorities concur in confirming it. But
as a Mason may take his demit from a particular
Lodge, with the design of uniting again with some
other, it is proper that he should be allowed the op-
portunity of visiting various Lodges, for the pur-
pose— where there are more than one in the same
place — of making his selection. But that no en-
couragement may be given to him to protract the
period of his withdrawal of Lodge membership, this
privilege of visiting must be restricted within the
narrowest limits. Accordingly, the Grand Lodge
of England has laid down the doctrine in its Con-
stitutions in the following words :

208

RIGHT OF VISIT.

" A "Brother, who is not a subscribing member to some
Lodge, shall not be permitted to visit any one Lodge in the
town or place in which he resides, more than once during his
secession from the craft."*

A similar usage appears very generally, indeed
universally, to prevail ; so that it may be laid down
as a law, fixed by custom and confirmed in most
jurisdictions by statutory enactment, that an un-
affiliated Mason cannot visit any Lodge more than
once.f By ceasing to be affiliated, he loses his
general right of visit.

Again : a visiting Brother, although an affiliated
Mason, may, by bad conduct, forfeit his right of
visit. The power to reject the application of a
visitor for admission, is not a discretionary, but a
constitutional one, vested in the Master of the
Lodge, and for the wholesome exercise of which he
is responsible to the Grand Lodge. If, in his opin-
ion, the applicant for admission as a visitor, is not
in a condition, or of fitting moral character, to en-
title him to the hospitalities of the Lodge, he may
refuse him admission ;% but the visitor so rejected
will have his right of appeal to the Grand Lodge,
in whose jurisdiction he has been refused, and the

* Constitutions of the G. L. of Eng., p. 91.

t The Grand Lodge of New York extends the number of visits ot un-
affiliated Masons to two. But the rule laid down in the text is the more
general one.

J Thus the Grand Lodge of New York has very wisely enacted that no
visitor shall be admitted, unless it be known " that his admission will not
disturb the harmony of the Lodge, or embarrass its work."— Coiist. O. L. (J
N. Y„ § 23.

EIGHT OP VISIT.

209

onus then lies on the Master of proving that such
refusal was founded on and supported by sufficient
reasons.

The great object in all Masonry being the pre-
servation of harmony among the Brethren, which
our ritual properly declares to be " the support of
all well regulated institutions," it has been deemed,
by many excellent Masonic authorities, to be the
prerogative of any member of a Lodge to object to
the admission of a visitor when his relations to that
visitor are of such a nature as to render it un-
pleasant for the member to sit in Lodge with the
visitor. It is certainly much to be regretted that
any such unkind feelings should exist among Masons.
But human nature is infirm, and Masonry does not
always accomplish its mission of creating and per-
petuating brotherly love. Hence, when two Masons
are in such an unmasonic condition of antagonism,
the only question to be solved is— the one being a
contributing member and the other a visitor —
whether shall the former or the latter retire ? Jus-
tice seems to require that the visitor shall yield his
claims to those of the member. If the presence of
both would disturb the harmony of the Lodge — and I
know not how that harmony can be more effectually
disturbed than by the presence of two Masons who
are inimical to each other — then I cannot deny not
only the right, but the duty of the Master, to forbid
the entrance of the one who, as a stranger and a
visitor, has the slightest claims to admission, and
whose rights will be the least affected by the re-

210

RIGHT OF VISIT.

fusal. If a visitor is refused admission, it is only
his right of visit that is affected ; but if a member
be compelled to withdraw, in consequence of the
admission of a visitor, whose presence is unpleasant
to him, then all his rights of membership are in-
volved, which of course include his right of voting
at that communication on any petitions for initia-
tion or membership, and on motions before the
Lodge, as well as his right of advocating or oppos-
ing any particular measures which may become the
subject of deliberation during the meeting. Hence,
under the ordinary legal maxim, argumentum ab in-
convenienti 'pturimum valet in lege, that is, " an argu-
ment drawn from inconvenience is of great force in
law," it seems clear that the earnest protest of a
member is sufficient to exclude a visitor. And to
this we may add, that if by the old Regulation of
1721, every member present was to be allowed the
expression of his opinion in reference to the admit-
tance of a permanent member, because if one be
admitted without unanimous consent, " it might
spoil the harmony" of the Lodge, then by analogy
we are to infer that, for a similar reason, the
same unanimity is expected in the admission of- a
visitor.*

* The Hon. W. B. Hubbard, Grand Master of the Knights Templar of the
United States, whose claims as an eminent Masonic jurist are everywhere
acknowledged, lays down the following axioms in his admirable " Digest of
Masonic Laws and Decisions," p. 51. They refer, it is true, to Commander-
ies of Knights Templar, but are equally applicable to Lodges ot Master
Masons, and I cordially adopt them as my own opinions on this subject <.f
the restrictions of the right of visit :

RIGHT OF VISIT. 211

But another restriction on the right of visit is to
be found in the necessity of an examination. No
Brother can be permitted to visit any strange Lodge,
unless he lias first submitted to an examination.
This examination, it is true, may be rendered un-
necessary by an avouchment ; but, as the principle
is the same, and as the subject of the right of
avouchment will be discussed in a subsequent sec-
tion, it is unnecessary, on the present occasion, to
consider anything more than the effect of an ex-
amination on the right of visit.

The rule, then, is imperative that every Master
Mason who applies as a visitor to a Lodge, and for
whose Masonic standing and character as a Mason
no Brother present can vouch, must submit to an
examination before he can be admitted. This exa-
mination is accompanied by several forms, which, as
they are used in the presence of a person not known
to be a Mason, and who, after having participated
in them, is often rejected, because he cannot give
sufficient proof of his Masonic character, necessarily
form no part of the secret portions of our ritual, and
can therefore be as safely committed to paper and
openly published, as any of the other ordinary

" When a member of a Commandery, who is not under suspension, applies
for admission, the E. Commander ought not to refuse to receive him, because
another and sitting member objects.

" But no visiting Knight should be admitted, if one only of the regular
members present objects.

" If one member cannot sit with another member, their differences should
be reconciled, if possible. If irreconcilable, then charges should be prefer
red* by the objecting member, and a *,rial be had."

212 RIGHT OF VISIT.

business of a Lodge. To assert to the contrary—
to say, for instance, that the " Tiler's obligation," so
called because it is administered to the visitor in
the Tiler's room, and usually in the presence of that
officer, is a Masonic secret — is to assert, that that
which is secret, and a portion of our mysteries, may
be openly presented to a person whom we do not
know to be a Mason, and who therefore receives
this instruction before he has proved his right to it
by " strict trial and due examination." The very
fact that the " Tiler's obligation" is to be adminis-
tered to such an unknown person, is the very best
argument that can be adduced that it no more con-
stitutes a part of our secret instructions, than do
the public ceremonies of laying corner stones, or
burying our dead. I do not consequently hesitate
to present it to the reader in the form which I have
seen usually adopted.*

The visitor, therefore, who desires admission into
a Lodge, and who presents himself for preparatory
examination, is required to take the following oath
in the presence of the examining committee, each

* These remarks are induced in consequence of objections having been made
by a few overscrupulous brethren to the insertion of this Tiler's oath, in a
previous publication. They deemed it a part of the apporreta, or hidden
things of Masonry. But for the reasons urged above, I cannot consent to
view it in this light. Masonic scholars are beginning now to abandon that
timid course which leads to the suppression of important information, under
the mistaken, but honesl belief, that the secrets of Freemasonry may thereby
be unlawfully divulged. It is true that there are some things that cannot be
written ; but, as a general rule, it may be stated, that more injury has been
done to the institution by needless reserve than by liberal publication of^ita
concerns.

RIGHT OF VISIT.

213

of whom he may likewise require to take the same
oath with him :

" I, A. B., do hereby and hereon solemnly and sincerely swear,
tlmt I have been regularly initiated, passed and raised, to the
mblime degree of a Master Mason, In a just and legally consti-
tuted Lodge of such; tltat I do not now stand suspended or expel-
led: and know of no reason why I should not hold Masonic
communication with my brethren"

This declaration having been confirmed in the
most solemn manner, the examination is then com-
menced with the necessary forms. The ritualistic
landmark requires that these forms must be con-
ducted in such a manner as to constitute what is
"technically called a "strict trial." No question
must be omitted that should have been asked, and
no answer received unless strictly and categorically
correct. The rigor and severity of the rules and
forms of a Masonic examination must never be
weakened by undue partiality or unjustifiable deli-
cacy. The honor and safety of the institution are
to be paramount to every other consideration ; and
the Masonic maxim is never to be forgotten, that
" it is better that ninety and nine true men should,
by over strictness, be turned away from the door of
a Lodge, than that one cowan should, through
the carelessness of an examining committee, be
admitted."

Correlative to this right of examination is that
which belongs to every visitor of demanding a sight
of the warrant of constitution of the Lodge whicli
he proposes to visit. The demand to see this inv

214

RIGHT OF VISIT.

portant instrument he may make before examina-
tion, because it is in fact the evidence of the right
of the committee to proceed to that examination,
and the committee is bound to produce it.

Intimately connected with this subject of the
right of visit is that of Grand Lodge certificates.
The propriety of any Regulation requiring such a
document as a necessary preliminary to a visit, has,
within the last few years, been warmly agitated by
several of the Grand Lodges of this country ; and
some of them, denying its antiquity, have abolished
the Regulation in their own jurisdictions. It is,
however, surprising that any writer professing to be
acquainted with the history of the institution, should"
for a moment deny the great antiquity and univer-
sality of the law which has required every strange
Brother to furnish the Lodge which he intends to
visit with a certificate of his good standing in the
Lodge and the jurisdiction from which he hails.

The Regulation was certainly in force two cen-
turies ago ; for we have the evidence of that fact in
the Regulation adopted in the General Assembly in
1663, under the Grand Mastership of the Earl of
St. Albans, in the following explicit language :

" No person hereafter, who shall be accepted a Freemason,
shall be admitted into any Lodge or assembly, until he has
brought a certificate of the time and place of his acceptation
from the Lodge that accepted him, mito the Master of that
limit or division where such a Lodge is kept."

From that time, at least, the Regulation has been
strictly observed in the Grand Lodges of England,

RIGHT OF VISIT. 215

Ireland, and Scotland, and many of the older Grand
Lodges of this country.* Several other Grand
Lodges, however, whose Constitutions are of a later
date, have, as I have already observed, abolished it,
and decline to furnish their members 'with such cer-
tificates. There may be a doubt whether a Masonic
certificate, not renewable, but given to its possessor
for his life, is of any real value in establishing his
Masonic standing, except at the time that he re-
ceived it ; but there can be no doubt that the Regu-
lation requiring one to be given, is one of the most
ancient written laws of the Order. Under any cir-
cumstances, it must, however, be recollected that a
Grand Lodge certificate is to be considered only as
a collateral evidence of the good standing of its
possessor, preparatory to an examination in the
legal way ; and hence the Regulation adopted by
the Grand Lodge of South Carolina in 1848, seems
to be a reasonable one, namely, that where the visi-
tor, being without a certificate, can furnish other
sufficient evidence of his Masonic standing, and
assign a satisfactory reason for his being without a
certificate, the Lodge which he proposes to yisit may
proceed to his examination.

In concluding this section, it may be remarked,

* So impoitant was this subject deemed by the Masonic Congress which
was held at Paris in June, 1855, that among the ten propositions recom-
mended, waa one for a standard form of Masonic diploma. It was advised
that this instrument should be in Latin, with an accompanying translation in
*Ue natioual language, and to have a testamentary formula, setting forth the
desire of the recipient that after his death it may be returned to the I^odgo
wlience it emanated.

216

MGRT OF AVOUCHMENT.

by way of recapitulation, that the right of visit is
a positive right, which inures to every unaffiliated
Master Mason once, and to every affiliated Master
Mason always ; but that it is a right which can
never be exercised without a previous examination
or legal avouchment, and may be forfeited for good
and sufficient cause ; while for the Master of any
Lodge to deny it, without such cause, is to do a
Masonic wrong to the Brother claiming it, for which
he will have his redress upon complaint to the
Grand Lodge, within whose jurisdiction the injury
is inflicted. This, it appears to me, is now tho
settled law upon this subject of the Masonic right
of visit.

SECTION IV.

THE RIGHT OF AVOUCHMENT.

I have said in the preceding section that an exa-
mination may sometimes be dispensed with, when a
Brother who is present, and acquainted with the
visitor, is able and willing to vouch for him as a
Master Mason in good standing. This prerogative,
of vouching for a stranger, is strictly one of" the
rights of a Master Mason, because neither Entered
Apprentices nor Fellow Crafts are permitted to
exercise it, in reference to those who have attained
to their respective degrees. But the right is one
of so important a nature — its imprudent exercise
would be attended witli such evil consequences to
the institution — that Grand Lodges have found it

RIGHT OF AVOUCHMENT.

217

Rfse^iary to restrict it by the most rigid rules.
The Grand Lodges of Iowa* and Mississippi,! for
instance, have declared that no visitor can be per-
mitted to take his seat in a Lodge, on the strength
of being vouched for by a Brother, unless that
.Brother has sat in a Lodge with him.

Under ordinary circumstances, it would undoubt-
edly be the safest plan to adopt such a regulation
as this, and to require that the avouchment should
be founded on the fact of the voucher's having sat
in a Lodge with the visitor. But it cannot be de-
nied that there are occasions in which an intelligent
and experienced Mason will be as competent, from
his own private examination, to decide the Masonic
qualifications of a candidate for admission, as if he
had sat with him in the communication of a Lodge. .
This subject of vouching does not, indeed, appear
to have been always understood. Many Masons
suppose that the prerogative of vouching is inherent
in every Brother, and that if A shall say that he
vouches for B, and that he has sat in a Lodge with
him, the assertion should be received with all re-
spect, and B admitted. But in how many cases

* " Whereas, the editors of some Masonic journals have decided that a
Mason may vouch for a Brother when visiting a Lodge, without having sat in
open Lodge with him, resolved, that this Grand Lodge would enjoin upon the
brethren of this jurisdiction not to tolerate such a practice." — Resolution of
G. L. of Iowa, 1853. Proceed, p. 470/

f " In the opinion of this Grand Lodge, no visitor can be permitted to
take his seat in a Lodge, on the strength of being vouched for by a Brother,
unless that Brother has sat in a Lodge with him. otherwise he must be regu-
larly examined by a committee of the Lodge.' '—Resol'ulxon of G.L.qf Mis*
sissippi, 1856. Proceed, p. 94.

218

RIGHT OP AVOUCHMENT.

may not A, from ignorance or inexperience, be liable
to be deceived ? How are we to know that A him-
self was not in a clandestine Lodge, which had been
imposed upon his ignorance, when he sat with B ?
How are we to be sure that his memory has not been
treacherous, and that the Lodge in which he saw 14
was not a Fellow Crafts' or Entered Apprentices',
instead of being a Masters7 ? Why, only by know-
ing that the Masonic skill and experience, and the
general good sense and judgment of A are such as
not to render him liable to the commission of such
errors. And if we are confident of his Masonic
knowledge and honesty, we are ready, or ought to
be, to take his vouching, without further inquiry as
to its foundation • but if we are not, then it is safer
to depend on an examination by a committee than
on the avouchment of one in whose ability we have
no confidence. A Masonic avouchment is, in fact,
in the nature of a mercantile or legal security. Its
whole value depends on the character and attain-
ments of the one who offers it ; and it would be
better, I imagine, if a positive rule is to be laid
down, to say that no visitor shall be admitted into
a Lodge except with the avouchment of a well
known and skillful Mason, or upon examination by
a committee.

Still, it must be confessed, however humiliating
the confession may be, that a very large number of
Masons are too little skilled in the mysteries which
have been communicated to them, to be enabled to
pass a stranger through that ordeal of strict exa-

"RIGHT OP AVOUCHMENT.

219

urination, which alone can prove a friend, or detect
a foe, and an ingenious impostor would often find it
a task of but little difficulty to deceive such an un-
skillful examiner. Thus imposed upon himself, the
deceived brother unwittingly might extend his
error, by vouching for one who has no claims upon
the fraternity. The vouching of such brethren, de
rived from their private examination, should of
course be considered as of no value. But, on the
other hand, thete are many Masons so well skilled
in the principles of the craft, that no danger of im-
position need be feared when we depend on the
information which they have derived from an exami-
nation, conducted as they would of course do it,
with all the necessary forms, and guarded by all
the usual precautions. The avouchments of such
brethren should be considered as perfectly satis-
factory.

I am inclined, therefore, to believe that the spirit
of the law simply requires that a Master shall per-
mit no visitor to be admitted without previous ex-
amination, unless he can be vouched for by a Brother
who has sat with him in open Lodge, or, if the
avouchment be made in consequence of a private
examination, unless the Brother so vouching be
known to the presiding officer as a skillful and ex
perienced Mason.

But, if we admit this to be the true interpretation
of the law of avouchment, then it becomes necessary
that we should inquire more closely into what are
to be the governing principles of that private ex

RIGHT OF AVOUCHMEOT.

amination from which the authority of the avouch-
ment is to be derived, and into the nature of the
competency of the Brother who ventures to give it.

In the first place, the avouchment thus given is, it
is understood, to be founded on some previous
private examination. Therefore it follows, that the
Brother who undertakes to vouch for a visitor on
these grounds, must have been thoroughly compe-
tent to conduct such an examination. There must
be no danger of his having been imposed upon by
an ignorant pretender. And consequently the Mas-
ter of a Lodge would be culpable in receiving the
avouchment of a young and inexperienced, or of an
old and ignorant Mason.

But again : there may be sometimes an avouch-
ment at second hand. . Thus A may be enabled to
vouch for C, on the information derived from B.
But in this case it is essential to its validity that
the avouchment should have been made when the
whole three were present. Thus it is not admissible
that B should inform A that a certain person named
C, who is then absent, is a Master Mason. A can-
not, upon this information, subsequently vouch for
C. There may be some mistake or misunderstand-
ing in the identity of the person spoken of. A may
have been referring to one individual and B to
another. And the person afterwards vouched for
by A, may prove to be entirely different from the
one intended by B. But if B, in the presence of C,
shall say to A, " I know this person C to be a Mas-
ter Mason," or words to that effect, then it is com

RIGHT OP ^VOUCHMEtfT.

221

petent for A to repeat this avouchment as his own,
because he will thus have derived " lawful infor-
mation" of the fact.

But here again the same principle of competency
must be observed, and B must not only be known to
A to be a skillful and experienced Mason, incapable
of being imposed upon, but A must himself be a fit-
ting judge of that skill and experience.

This second-hand avouchment is, however, always
dangerous, and should be practised with great cau-
tion, and only by eminently skillful Masons. It is
to be viewed rather as an exception to the general
rule, and as such is generally to be avoided, although
between Masons of great learning and experience,
it may sometimes be a perfectly safe dependence.

The regulations by which avouchments are to be
governed appear, therefore, to be three :

1. A Mason may vouch for another, if he has sat
in a Lodge with him.

2. He may vouch for him if he has subjected him
to a skillful private examination.

3. He may also vouch for him if he has received
•positive information of his Masonic character from
a competent and reliable Brother.

Of these three, the first is the safest, and the last
the most dangerous. And in all of them it is essen-
tial that the voucher should be a skillful Mason, for
it is better to subject the visitor to a formal exami-
nation, than to take the avouchment of an ignorant
Brother, though he may declare that he 1ms sat in
the Lodge with the p3rson desirous of being admit-

222

RIGHT OF RELIEF.

ted. In fact, the third kind of avouchment by an
eminently skillful Mason, is safer than the first kind
by an ignorant one.

Lastly, no written avouchment, however distin-
guished may be the Mason who sends it, or however
apparently respectable may be the person who
brings it, is of any value in Masonry. Letters of
introduction, in which light only such an avouch-
ment ean be considered, are liable to be forged or
stolen ; and it is not permitted to trust the valuable
secrets of Masonry to contingencies of so probable
a nature. Hence, whatever confidence we may be
disposed to place in the statements of an epistle
from a friend, so far as they respect the social posi-
tion of the bearer, we are never to go further ; but
any declarations of Masonic character or standing
are to be considered as valueless, unless confirmed
by an examination.

SECTION Y.

THE RIGHT OF RELIEF.

The ritual of the first degree informs us that the
three principal tenets of a Mason's profession are
Brotherly Love, Relief, and Truth. Relief, the
second of these tenets, seems necessarily to flow
from the first, or brotherly love ; for the love of our
brother will naturally lead us to the sentiment of
wishing " to alleviate his misfortunes, to compas-
sionate his misery, and to restore peace io his
troubled mind."

RIGHT OF RELIEF.

223

As the duty of assisting indigent and distressed
brethren is one of the most important duties incul-
cated by the landmarks and laws of the institution,
so the privilege of claiming this assistance is one of
the most important rights of a Master Mason. It
is what we technically call, in Masonic law, the
Right of Relief and will constitute the subject mat-
ter of the present section.

The right to claim relief is distinctly recognized
in the Old Charges which were approved in 1722,
which, under the head of " Behavior to a strange
Brother," contain the following language :

" But if you discover him to be a true and genuine Brother,
you are to respect him accordingly ; and if he is in want,
you must relieve him if you can, or else direct him how he
may be relieved. You must employ him some days, or else
recommend him to be employed. But you are not charged
to do beyond your ability, only to prefer a poor Brother, who
is a good man and true, before any other people in the same
circumstances."*

The law thus explicitly laid down, has always
been the one on which Masonic relief is claimed and
granted ; and, on inspection, it will be found that it
includes the following four principles :

1. The applicant must be in distress.

2. He must be worthy.

3. The giver is not expected to exceed his ability
in the amount of relief that he grants.

* See ante, p. 62. In a similar spirit, the " Ancient Charges at Makings;'
which were used in the seventeenth century, prescribe that " every Mason
Bust receive and cherish a strange Brother, giving him employment, if ho
has any, and if not, he is directed to " refresh him with money unto the next
' odge ' -See ante,p. 52.

224

RIGHT OP RELIEF.

4. A Mason is to be preferred to any other appli-
cant in the same circumstances.

Each of these principles of Masonic relief requires
a distinct consideration.

1. The ajpplicctnt must he in distress. Freemasonry
is, strictly speaking, a charitable association : that
is to say, it does not, in any way, partake of the
nature of a joint stock, or mutual insurance com-
pany, which distinguishes so many of the friendly
societies of the present day in England and this
country. In the Masonic organization, charity is
given — as charity should only be given — to the
needy, and according to the means of the givers.
That principle of mutual insurance by which a so-
ciety or association pledges itself, in articles of its
constitution, in consideration of the regular pay-
ment of a certain annual amount, to contribute, in
return, a fixed sum, usually called " a benefit," to
the member who has so paid his dues, whenever he
is sick, whether he needs it or not, making no dis-
tinction between rich and poor, but only between
punctual payers and defaulters, is a mere matter
of commercial bargain and pecuniary calculation.
There is not one particle of charity in it. It is the
legal and expected result of a previous contract, to
be enforced by law if necessary, and as such, can
enlist none of the finer emotions of the heart.*

* It is to be regretted that on a few occasions, Masonic Lodges, capti-
vated, without sufficient reflection, by the apparent convenience of the sys-
tem of benefits, as they are called, have attempted to engraft that system
on Masonrj. It is. however, clear tbit the benefit system, such as it is prao

EIGHT OF RELIEF.

225

This, therefore, I need scarcely say, is entirely
different from the system of charity which is prac-
tised in the Masonic institution. Here there is no
question of arrears ; the stranger from the most
distant land, if he be true and worthy, is as equally
entitled to the charities of his brethren, as the most
punctual paying member of the Lodge. The only
claim that Masonic charity listens to is that of
poverty ; the only requisite to insure relief is des-
titution. The first claim, therefore, that is neces-
sary to substantiate the Masonic right of relief is,
that the Brother applying for assistance is really in
distressed or needy circumstances. The demand
for pecuniary aid can only be made by the poor and
destitute.

2. The applicant must he worthy. In the lan-
guage of the Charge already quoted, he must be " a
true and genuine Brother." The word true is here
significant. It is the pure old Saxon treowe, which
means faithful, and implies that he must be one who

tised by modem friendly societies, would be an innovation upon Masonry,
and any effort to introduce it should be promptly discouraged. On this sub-
ject, a special committee of the Grand Lodge of the District of Columbia
used, in 1849, the following appropriate language :

" It is therefore clear that it 13 not part and parcel of Ancient Craft Ma*
sonry, and if, as the majority of your committee believe, it is in violation of
the spirit and essence of the principles thereof, it is an innovation that should
be promptly checked by this Grand Lodge, and one so modern in its charac-
ter, that it may be strangled, as it were, in its birth. If need be that the
same individuals must congregate together, upon principles of this charac-
ter, it should be accomplished under the banner of some one of the organiza-
tions of the day, where those principles are the polar star, and the great and
ieading characteristics." — Proceedings of ihe G. L. of the D. of O J.,
1849. p. 47.

10*

226

RIGHT OF RELIEF.

has been faithful to his duties, faithful to his trusts,
faithful to his obligations. The bad man, and
especially the bad Mason, is unfaithful to all these,
and is not true. There is no obligation either in
the written law, or the ritualistic observances of the
Order, that requires a Mason to relieve such an un-
worthy applicant. By his infidelity to his promises,
he brings discredit on the institution, and forfeits
all his rights to relief. A suspended or expelled
Mason, or one who, though neither, is yet of bad
character and immoral conduct, cannot rightfully
claim the assistance of a Mason, or a Lodge of
Masons.

3. The giver is not expected to exceed his ability in
the amount of relief that he grants — that is to say,
a Brother is expected to grant only such relief as
will not materially injure himself or family. This
is the unwritten law, and conformable to it is the
written one, which says, " You are not charged to
do beyond your ability." This provision is not in-
consistent with the true principles of charity, which
do not require that we should sacrifice our own wel-
fare, or that of our family, to the support of the
poor ; but that with prudent liberality, and a due
regard to the comforts of those who are more
nearly dependent on us, we should make some sacri-
fice of luxury out of our abundance, if we have been
blessed with it, for the relief of our distressed
brethren.

4. A Mason is to be preferred to any other appli-
cant in the same circumstances. The duty of reliev*

RIGHT OF RELIEF. 227

mg a distressed Brother, in preference to any othei
persons under similar circumstances, although one
of the objections which has often been urged against
the Masonic- institution by its opponents, as a mark
of its exclusiveness, is nevertheless the identical
principle which was inculcated eighteen centuries
ago by the great Apostle of the Gentiles : " As we
have therefore opportunity, let us do good unto all
men, especially unto them who are of the household
of faith."*

The principle thus taught by the Apostle seems
to have been, by the very necessities of our nature,
the principle which has governed the charities and
kindnesses of every religious community, of every
benevolent association, and every political society
that has existed before or since his day. Its foun-
dations are laid in the human heart, and the senti-
ment to which this doctrine gives birth is well ex-
pressed by Charles Lamb, when he says : I can feel

for all indifferently, but not for all alike

I can be a friend to a worthy man, who, upon
another account, cannot be my mate or fellow. I
cannot like all people alike."t

The practice, then, of Freemasonry, to borrow

* Galatians vi 10. Dr. Adam Clarke explains this passage, on precisely
the principle which governs the Masonic theory of charity : " Let us help all
who need help, according to the uttermost of our power ; but let the first
objects of our regards be those who are of the household of faith — the mem-
bers of the church of Christ, who form one family, of which Jesus Christ is
the head, Those have the first claims on our attention ; but all others have
their claims also, and therefore we should do good unto aU.y—Commc*ii
in loe.

1 Essays of Elia.

228

RIGHT OF RELIEF.

language which I have already used on a formei
occasion, is precisely in accordance with the doc-
trine of the apostle already quoted. It strives to
do good to all ; to relieve the necessitous and the
deserving, whether they be of Jerusalem or Sama-
ria j to clothe the naked, to feed the hungry, and to
comfort the distressed, always, however, giving a
preference to those of its own household — those
who, in the day of their prosperity, supported and
upheld that institution on which, in the time of
their distress, they have called for aid — those who
have contributed out of their abundance to its
funds, that those funds might be prepared to relieve
them in their hour of want — those who have borne
their share of the burden in the heat of the dayt
that when their sun is setting, they may be entitled
to their reward. And in so acting, Freemasonry
has the warrant of universal custom, of the law of
nature, and of the teachings of Scripture.

Perhaps it is hardly necessary to add that the
wives and children of Masons, while claiming re-
lief through the right of their husbands and fathers,
are subject to the same principles and restrictions
as those which govern the application of Masons
themselves. The destitute widow or orphans of a
deceased Mason have a claim for relief upon the
whole fraternity, which is to be measured by the
same standard that would be applied if the Brother
himself were alive, and asking for assistance.*

* " The obligations of Master Masons and their Judges are common to a.1
!n inference to the widows and orphans of deceased worthy Masons. Thfjv

RIGHT OF RELIEF.

2211

One interesting question, however, arises here.
D nder what circumstances, and at what time does
the right to claim assistance pass from the widow
and orphans of a Mason ?

The Committee on Foreign Correspondence of
the Grand Lodge of New York, in 1851, announced
the doctrine that the widow of a Mason does not
forfeit her right to claim relief, although she may
have married a second time * I regret that I
cannot concur in this too liberal view. It appears
to me that the widow of a Mason derives her
claim to Masonic relief from the fact of her widow-
hood only, and therefore, that when she abandons
that widowhood, she forfeits her claim. On her
second marriage, her relations to the Order are
obliterated as completely as are her relations to
him whose name she has abandoned for that of
another. If her new husband is not a Mason, I
cannot see upon what ground she could rest her
claim to Masonic protection ; not as the wife of
her second husband, for that would give no founda-

are not limited to fixed boundaries. Wherever the poor, destitute, or help-
less widow or orphan of a deceased worthy brother is found, there the relief
should be provided by the fraternity. There is no usage or regulation by
which, like our State poor laws, the destitute are to be traced back to a for-
mer settlement or residence. Each Lodge or Master Mason will administer
relief to true objects of Masonic charity, where and when they may be found
to exist" — Hubbard, Masonic Digest, p. 26.

* " We think a wife, or widow of a Mason, although she may have married
a second husband, or become widowed a second time, does not lose her claim
upon Masons while she lives, and ought to be assisted whenever she may
need it. if she is a worthy and reputable woman." — Proc. of G. L. of K. K
1851, p. 147. A similar opinion is entertained by the Grand Lodge of
Virginia.

230

RIGHT OP RELIEF.

Hon for such a claim — not certainly as the widow
of the first, for she is no -longer a widow.

The orphans of a brother Mason are of course
entitled to the protection of the Order, so long as
their unprotected situation needs that protection.
Boys, on arriving at adult age, and girls when they
marry, place themselves, I think, in that situation
which exonerates the Order from their further pro-
tection. A hale and hearty man of twenty-five
could scarcely venture to claim relief from the
Order, on the ground that lie was the son of a
Mason ; nor could the wife of a man, in a similar
worldly condition, make the same request, from the
fact that she was a Mason's daughter. The widows
and orphans of Masons are, I suppose, entitled to
the charities of the institution only while they re-
main widows and orphans. A second marriage
necessarily dissolves widowhood, and by the custom
of language, the idea of orphanage is connected
with that of childhood and youth. The condition
is lost on arrival at adult age.*

Lastly, it must be remarked that the right of
claiming relief is confined to Master Masons. Un-
doubtedly, in the very early periods of the insti-
tution, Fellow Crafts were permitted to make this
claim ; and the older Constitutions refer to them as-
being entitled to relief. Subsequently, Apprentices
were invested with the right ; but in each of these

* Orbus, an orphan, and vulua, a widow, are respectively from the verbs
orbo and vidno, which signify to bereave. Both words convey the idea of
helplessness and destitution, and this makes their Masonic claim.

RIGHT OP RELIEF.

231

cases the right was conferred on these respective
classes, because, at the time, they constituted the
main body of the craft. When in 1717, Apprentices
were permitted to vote, to visit, and to enjoy all the
rights of membership in Masonic Lodges — when
they were in fact the chief constituents of the fra-
ternity— they, of course, were entitled to claim
relief. But the privileges then extended to Appren-
tices have now been transferred to Master Masons.
Apprentices no longer compose the principal part
of the fraternity. They in fact constitute but a
very small part of the craft. To remain an Appren-
tice now, for any time beyond the constitutional
period permitted for advancement, is considered as
something derogatory to the Masonic character of
the individual who thus remains in an imperfect
condition. It denotes, on his part, either a want
of Masonic zeal, or of Masonic ability. Apprentices
no longer vote — they no longer visit — they are but
inchoate Masons — Masons incomplete, unfinished —
and as such are not entitled to Masonic relief.

The same remarks are equally applicable to Fel-
low Crafts.

As to the right of relief which may or may not
belong to Masons, who are not affiliated with any
Lodge, that subject wilfbe more properly discussed
when we come, in a subsequent part of this work, to
the consideration of unaffiliated Masons.

282 RIGHT OF DEMISSIOX.

SECTION VI.

THE EIGHT OF DEMISSION.

The word a demit"* is peculiarly and technically
Masonic, and has no relation to the obsolete verb
" to demit," which signifies " to let fall, to depress,
to submit." A Mason is said " to demit from a
Lodge" when he withdraws from all connection
with it. It is, in fact, the act which in any other
society would be called a resignation.

The right of demission is, then, an important
right in its reference not only to the Mason who
applies for it, but also to the Lodge which grants
it, since its operation is to dissolve all Masonic con-
nection between the two parties. It is not, there-
fore, surprising that it has been made the topic of
earnest discussion, and elicited various opinions
among Masonic jurists.

Does the right exist, and if so, under what re-
strictions and with what effects? These are the
questions that naturally suggest themselves, and
must be thoroughly discussed before we can expect
to obtain a clear comprehension of the subject.

There never has been any doubt, that a Mason,
being in good standing, l;as a right to demit from

* I have no doubt that the usual orthography of this word is wrong, and
that it should be spelled dimii, being derived from the Latin verb dimitteret
to dismiss, to leave, to discharge. I have, however, continued the spelling
wnich is sanctioned by constant usage, at least since the year 1723. " If a
Master of a particular Lodge is deposed or demits? is the language of a
regulation adopted in that year. See second edit, of Anderson, p. 156.

RIGHT OF DEMISSION.

233

one Lodge for the purpose of immediately joining
another. To exercise tliis undoubted right, how-
ever, he must at the time be in good standing ; that
is, free from all charges and their results. It is
also admitted that all action on the application of
any member for a demit will be suspended, if at the
time of the application a charge shall be preferred
against the applicant. In such a case he must sub-
mit to a trial, and, if acquitted, his demit may then
be granted. These are points of law about which
there is no dispute.

The only question of Masonic jurisprudence on
this subject which has given rise to any discussion
is, whether a member can demit from a Lodge for
the distinct purpose of severing all active connec-
tion with the Order, and becoming an unaffiliated
Mason. And it may be observed, that it is only
within a few years that the right to do even this
has been denied.

The Grand Lodge of Connecticut, in 1853, de-
cided " that no Lodge should grant a demit to any
of its members, except for the. purpose of joining
some other Lodge ; and that no member shall be
considered as having withdrawn from one Lodge
until he has actually become a member of another."

The Grand Lodge of Texas, governed by a simi-
lar view of the subject, has declared that " it does
not recognize the right of a Mason to demit or sep-
arate himself from the Lodge in which he was made
or may afterwards be admitted, except for the pur-
pose of joining another Lodg3, or when he may be

234

RIGHT OF DEMISSION.

about to remove without the jurisdiction of the
Lodge of which he is a member."

I regret that I cannot concur in the correctness,
in point of law, of these decisions and others of a
similar import that have been made by some other
Grand Lodges. Of course it is admitted that there
is no Masonic duty more explicitly taught in the an-
cient Constitutions than that which requires every
Mason to be a member of some Lodge. But I can-
not deny to any man the right of withdrawing,
whenever he pleases, from a voluntary association.
The laws of the land would not sustain the Masonic
authorities in the enforcement of such a regulation,
and our own self-respect, if there were no other
motive, should prevent us from attempting it.

Freemasonry is, in all respects, a voluntary asso-
ciation, and as no one is expected or permitted to
enter within its folds unless it be of his " own free
will and accord," so should his continuance in it be
through an exercise of the same voluntary disposi-
tion. These are the views which were entertained
by a committee whose report was adopted in 1854
by the Grand Lodge of Ohio, and which they have
expressed in the following language :

" We recognize fully the doctrine laid down in the ancient
Constitutions, 1 that it is the duty of every Mason to belong
to some regular Lodge.' But as his entrance into the frater-
nity is of his own free will and accord, so should be the per-
formance of this and every other Masonic duty. When, from
whatever cause, he desires to withdraw his membership from
the Lodge, it is his undoubted right to ask, and the duty of

RIGHT OF DEMISSION.

*he Lodge, if there be no objection to his moral standing,
to grant him an honorable discharge."*

This, then, appears to me to be the state of the
law on this subject ; a Mason, being in good stand-
ing, has a right to claim a demit from his Lodge,
and the Lodge cannot withhold it. But a demit
from a Lodge, as it severs the relation of the de-
mitting member to his Lodge, and releases him from
the obligation to pay dues, deprives him also of cer-
tain privileges with which his membership had in-
vested him. These, however, will become the sub-
ject of consideration when we treat of unaffiliated
Masons, in which class a d£mit necessarily places
the individual who receives it.

Although, as I have already said, there is no law
in any of the ancient Constitutions which forbids
the granting of demits to individual Masons, yet
the whole spirit of the institution is opposed to such
a system. To ask for a demit, without the inten-
tion to unite with another Lodge, is an act which
no Mason can commit without violating the obliga-
tions which he owes to the Order. It is an aban-
donment of his colors, and although we have no
power to prevent his desertion, yet we can visit his
unfaithfulness with moral condemnation.

But there is a case of demission for which the
Regulations of 1721f have especially enacted a law.

* Proceedings of the G. L. of Ohio, 1854, p. 94.

f No set or number of brethren shall withdraw or separate themselves
i'rom the Lodge in which they were made brethren, or were afterwards ad-
mitted members, unless the Lodge becomes too numerous ; nor even then
•Aithoul a dispensation from the Grand Master or his Deputy ; and when

236 RIGHT OF DEMISSION.

When several brethren at one time apply for de-
mits, the regulation prescribes that these demits
shall be granted only where the Lodge is already
too numerous, and the intention of the demitting
brethren is to form a new Lodge, they having a dis-
pensation for that purpose from the Grand Master,
or at once to unite themselves with another Lodge.
The withdrawal of many members at one time from
a small Lodge would manifestly tend to its injury,
and perhaps cause its dissolution ; and when this is
done without the intention of those who have with-
drawn to unite with any other Lodge, it is to be
presumed that the act 'has been the result of pique
or anger, and should not, therefore, be encouraged
by the law.

Still, however, we are again met with the diffi-
culty which opposes us in the consideration of an
application for a single demit. How is the law to
be enforced ? The Regulation of 1721 simply de-
clares that "no set or number of brethren shall
withdraw or separate themselves from the Lodge/7
but it affixes no penalty for the violation of the
regulation, and if a number of brethren should de-
sire to withdraw, I know of no power in the Ma-
sonic institution which can prevent them from exer-
cising that right. It is true, that if an unmasonic
feeling of anger or pique is plainly exhibited, so

they are thus separated, they must immediately join themselves to such
other Lodge as they shall like best, with the unanimous consent of that other
Lodge to which they go, or else they must obtain the Grand Masters war
rant to join in forming a new Lodge." — Regulations of 172 1. Art. viii

EIGHT OP DEMISSIOX.

237

that a charge can be predicated on it, the demits
may be withheld until the charge is disproved. But
unless such charge is made, the demits must be
granted. The holding of membership in a Lodge
is an absolute duty, but one which cannot be en-
forced.. If a Mason violates it, all that can be done
is to visit him with the penalties which fall upon
unaffiliated Masons. But he cannot be compelled
to continue his membership contrary to his own in-
clinations. The penalties of non-affiliation are to
begin, not when a Brother asks for a demit, for this
maybe done for a good purpose, but when, after
having received this demit, he neglects or refuses,
within a reasonable time, to unite with another
Lodge. The demit must be granted, if the Mason
applying is in good standing at the time, and the
penalties of non-affiliation must be subsequently en-
forced, if he renders himself obnoxious to them.

The Grand Lodge of Connecticut forbids the
granting of demits, except to join another Lodge.
North Carolina says that " no Lodge possesses the
power to allow a Brother to withdraw of his own
accord." Texas does not recognize the right of de-
mission. Missouri declares " that no Brother shall
be permitted to demit from any Lodge, except for
the purpose of traveling or joining another Lodge. J!

On the other side of the question, the Grand
Lodge of Michigan thinks that " the compulsory
method of keeping Masons after they have once
been made is repugnant to the voluntary character
of the institution," Massach asetts doubts the power

238

RIGHT OF APPEAL.

of the Grand Lodge to obtain successful results in
the case of compulsory membership, which it think3
" even if practicable, gives very slight promise of
benefit to either party." New York says, " demis-
sion is the joint act of the Lodge and the member."
Wisconsin, Virginia, Mississippi, Tennessee, and the
majority of the Grand Lodges, while reprobating
the practice of demitting, do not deny the right.

Amidst these contradictory opinions, I have en-
deavored to be governed by the analogies of law
and the principles of equity, which lead me to the
belief that although a demission made with the in-
tention of a total disseverance from the Order is a
violation of Masonic duty, yet there is no power in
a Lodge to refuse it when demanded.

section vn.

THE RIGHT OF APPEAL.

The Right of Appeal is an inherent right belong-
ing to every Mason, and the Grand Lodge is the
appellate body, to whom the appeal is to be made.
The principles of equality and justice, upon which
the institution is founded, render it necessary that
there should be a remedy for every injury done to
or injustice inflicted upon the humblest of its mem-
bers ; for, in Masonry as in the municipal law, it is
held as a maxim that there is' no wrong without a
remedy — ubi jus ibi remedium*

* " If a man has a right, he must have a means to vindicate and maintain,
and a remedy, if he is injured in the exercise and enjoyment of it ; and, in-
deed, it is a vain thing to imagine a right without a remedy ; for want of right
and want of remedy are reciprocal." — Broom. Legal Maxims, p. 1 47

EIGHT OF APPEAL.

239

The doctrine of appeals is founded on this prin-
ciple. It furnishes the remedy for any invasion of
Masonic rights, and hence it may be considered as
one of the most important prerogatives that the
Mason possesses.

Appeals are of two kind3 : 1st, from the decision
of the Master ; 2dly, from the dooision of the Lodge.
Each of these will require a distinct consideration.

L Appeals from the Dccuno/i of the Hester. It is
now a settled doctrine in Masonic law that there
can be no appeal from the decision of a Master of
a Lodge* to the Lodge itself. But an appeal al-
ways lies from such decision to the Grand Lodge,
which is bound to entertain the appeal and to in-
quire into the correctness of the decisionf. Some
writers have endeavored to restrain the despotic
authority of the Master to decisions in matters
strictly relating to the work of the Lodge, while
they contend that on all questions of business an
appeal may be taken from his decision to the Lodge.J.

* By this I mean the presiding officer, whether he be the Master, or a
Warden, or Past Master, holding the office and occupying the c'lair pro
tempore.

t " It is not in accordance with ancient Masonic usage to allow an appeal
to be taken from the decision of the Worshipful Master to the Lodge which
he governs, upon any question whatever. It is his Lodge, and while he con-
tinues to be Master, he has a right to rule, and they are bound to oboy ; but
for any undue assumptions of authority he is amenable to the Grand Lodge,
and his Lodge, or any member thereof, may present the facts in any particu-
lar case, whenever they believe their Master has erred, to the Grand Lodge,
xho alone has the right to hear and determine such matter." — Com. For
Cor. G. L. of Ohio, 1848, p. 93.

I Thus the Grand Lodge of Ohio, in 1846. adopted the report of a com-
mittee which announced that an appeal from the decision of the Master,

240

RIGHT OF APPEAL.

But it would be unsafe, and often impracticable, to
draw this distinction, and accordingly the highest
Masonic authorities have rejected the theory and
denied the power in a Lodge to entertain an appeal
from any decision of the presiding officer.

It must be admitted that, with the present under-
standing of the law on this subject, the power of the
Master is to a great extent rendered despotic in his
Lodge. But on the other hand, by the wise pro-
visions of the same law, this despotism is restrained
by the most salutary checks. The Master himself
is bound by the most solemn obligations to the faith-
ful discharge of his duties and the impartial admin-
istration of justice and equity. And as a still fur-
ther safeguard, the Grand Lodge, as the appellate
court of the jurisdiction, is ever ready to listen to
appeals, to redress grievances, to correct the errors
of an ignorant Master, and to punish the unjust de-
cisions of an iniquitous one.

As it is admitted to be the* settled law of Masonry
that no appeal can be taken from the decision of the
chair to the Lodge, and as it is the duty of the
Master to see that the laws of Masonry are strictly
enforced in the body over which he presides, it fol-
lows, that any permission of an appeal "by cour-
tesy," as it is called, would be highly wrong. The
Master may, it is true, at all times, consult the mem-

on a question of business, " was lawful and proper." But in the following
year the Committee of Foreign Correspondence repudiated the doctrine as
an unconstitutional innovation, in the emphatic language which I have al
ready quoted in the note on the preceding page.

RIGHT OF APPEAL.

241

aers of his Lodge on any subject relating to their
common interest, and may also, if he thinks proper,
be guided by their advice. But when he has once
made a decision on any subject and officially pro-
claimed it, he should, under no promptings of deli-
cacy or forbearance, permit it to be submitted to the
Lodge for consideration, under an appeal. That
decision must be the law to the Lodge, until over-
ruled by the paramount decision of the Grand
Lodge. The Committee of Foreign Correspond-
ence of the Grand Lodge of Tennessee took, there-
fore, the proper view of this subject, when they said
that the admission of appeals by courtesy, that is
with the concurrence of the Master, might ulti-
mately become a precedent from which would be
claimed the absolute right to take appeals.

The wisdom of this law must be apparent to any
one who examines the nature of the organization of
the Masonic institution. The Master is responsible
to the Grand Lodge for the good conduct of his
Lodge. To him and to him alone the supreme Ma-
sonic authority looks for the preservation of order
and the observance of the modern laws, the ancient
Constitutions, and the Landmarks of the Order in
that branch of the institution over which he has
been appointed to preside. It is manifest, then,
that it would be highly unjust to throw around a
presiding officer so heavy a responsibility, if it were
in the power of the Lodge to overrule his decisions
or to control his authority. As the law will make
no distinction between the acts of a Lodge and its

242

RIGHT OF APPEAL.

Master, and will not permit the latter to cast the
odium of any error upon the body over which he
presides and which he is supposed to control, it is
but right that he should be invested with an unlim-
ited power corresponding with his unlimited re-
sponsibilities.

II. Appeals from the Decisions of the Lodge. Ap-
peals may be made to the Grand Lodge from the
decisions of a Lodge, on any subject except the ad-
mission of members, or the election of candidates ,
but these appeals are more frequently made in refer-
ence to conviction and punishment after trial.

When a Mason, in consequence of charges prefer-
red against him, has been tried, convicted, and sen-
tenced by his Lodge, he has an inalienable right to
appeal to the Grand Lodge from such conviction
and sentence.

His appeal may be either general or specific.
That is, he may appeal on the ground, generally,
that the whole of the proceedings have been irregu-
lar or illegal, or he may appeal specifically against
some particular portion of the trial ; or lastly, ad-
mitting the correctness of the verdict, and acknowl-
edging the truth of the charges, he may appeal from
the sentence, as being too severe or disproportion-
ate to the offence.

In order that the Grand Lodge may be enabled
to come to a just conclusion on the merits of the

* By the Regulations of 1721, the choice of members, whether bj affiTra
lion or initiation, is made an inherent privilege in the Lodges, with which the
Grand Lodge cannot interfere.

RIGHT OF APPEAL

2±a

question, it is necessary that the Lodge should fur-
nish an attested copy of the charge or charges, and
of the proceedings on the trial, and this it is bound
to do.

There is no specific rule to govern the Grand
Lodge in the forms which it may adopt for con-
ducting the review of the case. But the most usual
method is to refer the appeal, with the testimony
and other papers, to a committee, upon whose re-
port, after a full investigation, the Grand Lodge
will act, and either confirm or reverse the decision
of the Lodge.

If the Grand Lodge confirms the verdict of the
subordinate, the appeal is dismissed, and the sen-
tence of the Lodge goes into operation, without fur
ther action on the part of the Lodge.

If, on the contrary, the Grand Lodge reverses the
decision of its subordinate, the appellant is placed
thereby in the same position that he occupied before
the trial. But the consequences of this action, as
it involves some very important points of Masonic
law, will be fully discussed when we come to the
consideration of the subject oi Restoration, in a sub-
sequent part of this work.

But the Grand Lodge, instead of a complete con-
firmation or reversal, may find it necessary only to
modify the decision of the Lodge.

It may, for instance, approve the finding of the
verdict, but disapprove of the sentence, as being too
severe ; in which case a milder one may be substi-
tuted. As, for instance, expulsion may be reduced

244 RIGHT OF APPEAL.

to suspension. On the other hand, the Grand Lodge
may consider the punishment inflicted not commen-
surate with the magnitude of the offence, and may
substitute a higher grade, as expulsion instead of
suspension. It must be understood that, although
in these cases the Grand Lodge is acting in somo
respects as an appellate court, it is not to be con
trolled by all the rules that govern such bodies in
the municipal law. It cannot divest itself of its
high position as the supreme Masonic authority of
the State, and may at any time, or at any part of the
proceedings, abandon the appellate character and
assume an original jurisdiction.*

Lastly, the Grand Lodge, being dissatisfied either
with the sufficiency of the testimony, the formality
and legality of the proceedings, or the adequacy of
the punishment, may simply refer the case back to
its subordinate for a new trial. If the reference
back has been made on the ground that the testimo-
ny was not sufficient, or the proceedings irregular,
then the trial in the Lodge must be commenced de
novo, and if the Brother is again convicted, he may
again appeal ; for no number of convictions can
abrogate the right of appeal, which is inalienably
invested in every Mason. But if the case is refer-

* Thus the Grand Lodge of Mississippi adopted the report of a committee
which affirmed that " the Grand Lodge has ample power to act directly in
the case, by reversing the decision of the subordinate Lodge, without sending
the case back to the Lodge from which the appeal came up." — Proc. G.
L. of Miss., 1857, p. GO. Authorities on this subject might easily oe multi-
plied, as instances occur every year in which sentences are reversed without
beip.j sent back for trial. In all these cases the Grand Lodges abandon iheir
appellate character and assume original jurisdiction.

EIGHT OF APPEAL.

245

red back on account of the inadequacy of the pun-
ishment, as being too severe or too lenient, it will
not be necessary to institute a new trial, but simply
to review that part of the proceedings which relate
to the sentence.

The question here suggests itself, whether on an
appeal any new evidence which had not come before
the Lodge can be introduced by either party. It is
contrary to the spirit of the municipal law, in the
trial of an appeal by a superior court, to permit the
introduction of evidence that was not originally
given to the court below* because, as the question
is whether they did right or not upon the evidence
that appeared to them, " the law judged it the high-
est absurdity to produce any subsequent proof upon
such trial, and to condemn the prior jurisdiction for
not believing evidence which they never knew.;;t
But in Masonic appeals the principle is different.
Here, as I have already observed, the Grand Lodge
does not act, simply, as a lourt of appeals, but as
the supreme Masonic authority, and may at any time
assume original jurisdiction in the case. The Grand
Lodge, at all times, when any of the great principles
of Masonic polity are at issue — whether the hum-
blest of its children may have received an injury, or
one of its Lodges have abused its chartered privi-
leges and inflicted an act of injustice — is not to be

* " It is a practice unknown to our law, (though constantly followed in the
spiritual courts,) when a superior court is reviewing the sentence of an infe-
rior, to examine the justice of the former decree by evidence that was nevei
produced below.''— Blackstone, Comment, b. iii. ch. 27.

t JbidL b. iii. ch. 25.

246 RIGHT OF APPEAL*

governed by the technicalities of law, but by the
great principles of justice. Like the Roman consuls
in the hour of public danger, it is invested with a
dictatorial power " to see that the republic receiv o
no harm."*

Hence it is competent for the Grand Lodge to re-
ceive any new evidence, or to inquire into any new
matter, which will throw light upon the question at
issue between the Lodge and the appellant.t But
unless the case be one of aggravated wrong or very
palpable error, which the new evidence brings to
light, a due sense of courtesy, which is a Masonic
virtue, will prevent the Grand Lodge from at once
reversing the decision of the subordinate Lodge, but
it will remand the case, with the new evidence, to
the Lodge, for a new trial.

In conclusion, it must be remarked, that the de-
termination of the position of the appellant, during
the pendency of the appeal, is a question of la.w that
is involved in much difficulty. Formerly I enter-
tained the opinion that the appellant in this case
remains in the position of a Mason " under charges/'

* Ne quid republica deirimenli caperet. " In extraordinary cases, the
Senate made an act that the consuls should take care that the common-
wraith received no detriment ; by which words they gave absolute power to
the consuls to raise armies and to do whatever they thought proper for the
public vni£re$Vy — Duncan's Cicero, p. 116. This is just the absolute power
possessed at all times by a Grand Lodge. It is to see that the Masonic com
monwealth receives no detriment, and may override all technical laws, ex
cept landmarks, to attain this object.

t The Grand Lodge of Ohio*, in 1823, adopted this standing resolution,
that, in the case of an appeal, " the Lodge, or the person charged, shall have
the benefit of any additional ^estircpn7.,,— Proceed. G. L.oJ Ohio, 1823,
p. 139

RIGHT OP APPEAL.

247

But a more mature reflection on this subject, in-
duced by a very general opposition of the fraterni-
ty, has led me to review my decision. It is admit-
ted as Masonic law, that until the opinion of the
higher body is known, that of the lower must con-
tinue in force. Thus, if the Master decides a point
of order erroneously, the Lodge must obey it until
it is reversed, on appeal, by the Grand Lodge.
This doctrine is founded on the principle of obe-
dience to authority, which lies at the very founda-
tion of the Masonic organization. Hence, judging
by analogy in the cases under consideration, I am
compelled honestly to abandon my former views,
and believe that the sentence of the Lodge goes
into operation at once, and is to be enforced until
the Grand Lodge shall think proper to reverse it.
Still, the position of an expelled Mason who' has
appealed is not precisely the same as that of one
who has submitted to the sentence of expulsion.
The Grard Lodge of New York has very properly
denned expulsion as implying " a termination not
only of Masonic intercourse and connection with
the body inflicting it, but from the Masonic frater-
nity, unless an appeal be made."* Now the last
words qualify the definition, and show that expul-
sion, when an appeal has been made, does not pre-
cisely imply the same thing as expulsion when no
appeal has been entered. Again : expulsion has
boen metaphorically described as Masonic death.
Continuing the metaphor, we may say that expul

■ Const G. J* of New York, § 45.

248

EIGHT OF APPEAL.

sion under appeal is rather a state of Masonic
trance than of death. The expelled person is, it is
true, deprived of all exercise of his Masonic func-
tions, and is incapable of any communion with his
brethren, but the termination of the case is rendered
uncertain by the existence of the appeal. It may
end in a confirmation of the expulsion, or in his re-
covery and restoration to Masonic rights. So that
if a specific term is required to designate the condi-
tion of one who has been suspended or expelled,
during the pendency of his appeal from the sen-
tence, it may be called a quasi suspension, or quasi
expulsion. The individual is not really a suspended
or expelled Mason until his appeal is dismissed and
the sentence confirmed ; but in the meantime he is
divested of all his Masonic rights, except that of
appeal.

The right of appeal differs from the other rights
which have been the subject of discussion, in this,
that it is not confined to Master Masons, but is
equally enjoyed by Fellow Crafts, and even Entered
Apprentices. The humblest member of the frater-
nity, when he supposes himself to be injured or
unjustly treated by his superiors, is entitled to hL
redress, in an appeal to the Grand Lodge ; for, as
has been already observed, it is the wisdom of the
law that where there is a wrong, there must be a
remedy

RIGHT OF BURIAL.

249

SECTION VIII.

THE RIGHT OF BURIAL.

The right to be conducted to his last home by his
urethren, and to be committed to his mother earth
with the ceremonies of the Order, is one that, under
certain restrictions, belongs to every Master Mason.

I have sought, in vain, in all the ancient Consti-
tutions, to find any law upon this subject ; nor can
the exact time be now determined when funeral
processions and a burial service were first admitted
as Regulations of the Order.

The celebrated caricature of a mock procession
of the " Scald Miserable Masons,"* as it was called,
was published in 1742, and represented a funeral
procession. This would seem to imply that Masonic
funeral processions must have been familiar at that
time to the people ; for a caricature, however dis-
torted, must have an original for its foundation.

The Brst oflicial notice, however, that we have of
funeral processions is in November of the year 1754,
when we learn that " several new regulations con-
cerning the removal of Lodges, funeral processions,
and Tilers, which had been recommended by the
last Committee of Charity for Laws of the Grand
Lodge, were taken into consideration and unani-
mously agreed to."t

The regulation then adopted prohibited any Ma-

* A copy of this caricature will be found in Clavel's Histoire Piiioresquv
de la Francymagonrierie, p, 174.
f Book of Constitutions, third edit., p. 273.

11*

250

RIGHT OP BURIAL.

son, under the severest penalties, from attending
a funeral or other procession, clothed in any of the
jewels or badges of the craft, except by dispensa-
tion of the Grand Master or his Deputy.*

I can find no further regulations on this subject,
either in the previous or subsequent editions of the
Book of Constitutions, until we arrive at the mod-
ern code which is now in force in the Grand Lodge
of England.

Preston, however, to whom we are indebted for
the funeral service, which has been the basis of all
modern improvements or attempts at improvement,
has supplied us with the rules on this subject, which
have now been adopted, by general consent, as the
law of the Order.

The regulations as to funerals are laid down by
Preston in the following words :

"No Mason can be interred with the formalities of the
Order, unless it be at his own special request, communicated
to the Master of the Lodge of which he died a member —
foreigners and sojourners excepted ; nor unless he has been
advanced to the third degree of Masonry, from which re-
striction there can be no exception. Fellow Crafts or Ap-
prentices are not entitled to the funeral obsequies."!

The only restrictions prescribed by Preston are
it will be perceived, that the deceased must have
been a Master Mason, and that he had himself made
the request. But the great increase of unaffiliated
Masons, a class that did not exist in such numbers

* Book of Constitutions, third edit., p. 365.
f Prkston, Illustrations, Oliver's edit., 89,

IIIGHT OP BURIAL.

251

In former times, has led many Grand Lodges to
introduce as a new restriction the regulation that
unaffiliated Masons shall not be entitled to Masonic
burial. I have called this a new restriction ; but
although not made in as many words in the rule of
Preston, it seems to be evidently implied in the fact
that the Mason was expected, previous to his death,
to make the request for funeral obsequies of the
Master of the Lodge of which he died a member.
As unaffiliated Masons could not comply with this
provision, it follows that they could not receive
Masonic burial. At all events, it has now become
an almost universal regulation.

As Master Masons alone possess the right of Ma-
sonic burial, and as the Lodge, preparatory to that
occasion, is required to be opened in the third de-
gree, it follows that Fellow Crafts and Entered Ap-
prentices are not permitted to join in a funeral pro-
cession, and accordingly we find that in the form of
procession laid down by Preston no place is allotted
to these inferior classes of the fraternity, in which
he has been followed by all subsequent monitorial
writers.

As to the dispensation spoken of in the Regula-
tions of 1754, as being required from the Grand
Master or his Deputy, for a funeral procession, as
that regulation was adopted at so late a period, it
cannot be considered as universal Masonic law.
To make it obligatory in any jurisdiction, it is ne-
cessary that it should be adopted as a local law by
specific enactment of the Grand Lodge of that juris

252

RIGHT OF BUEIAL.

diction. And although it may be admitted that, for
large cities especially, it is a very wholesome regu-
lation, many Grand Lodges have neglected or de-
clined to adopt it. In the United States, dispen-
sations for this purpose have very seldom, if at all,
been required. Indeed, Preston, in explaining the
object of the regulation, says : " It was planned to
put a stop to mixed and irregular conventions of
Masons, and to prevent them from exposing to de-
rision the insignia of the Order, by parading through
the streets on unimportant occasions ; it was not.
however, intended to restrict the privileges of any
regular Lodge,- or to encroach on the legal pre-
rogative of any installed Master."* Accordingly, in
America, Masons have generally been permitted to
bury their dead without the necessity of a dispensa-
tion, and the Master of the Lodge engaged in this
melancholy task, while supposed to be possessed of
competent discretion to regulate the ceremony, is of
course held amenable to the Grand Lodge for any
impropriety that may occur.

However, the Grand Lodge of New York, in
1845, probably for the purpose of providing against
the consequences of such irregularities as are alluded
to by Preston, enacted that, " no dispensation au-
thorizing a funeral procession in the city of New
York, except for a sojourner, shall be issued, unlebs
requested by the Master and Wardens of tho Lndge
to which the deceased member belonged. "1

* Frest a*, p. lj0 t Const. G L. of New York, § 132,

CHAPTER IV.

3Pacst Rasters.

Before proceeding to a consideration of the du-
ties and prerogatives of Past Masters, the attention
of the reader must be called to the fact that there
are two distinct classes of Masons who bear this
technical appellation, namely, those who have pre-
sided over a Lodge of Ancient Craft Masons, and
those who have received the Past Master's degree
in a Chapter of Royal Arch Masons. Those of the
former class are known as " actual Past Masters.7*
and those of the latter as " virtual Past Masters."

It is only of the former class — the actual Past
Masters — who derive the title from having presided
over a symbolic Lodge, that I propose to speak in
the present work.

Past Masters possess but very few positive rights,
distinct from those which accrue to all Master
Masons.

The first and most important of these is eligi-
bility to membership in the Grand Lodge. A few
years ago, in consequence of a schism which took
place in the jurisdiction of New York, an attempfc
was made to assert for Past Masters an inherent

254

OF PAST MASTERS.

right to th!s 'membership; but the long and able dis-
cussions which were conducted in almost all the
Grand Lodges of the Union have apparently settled
the question forever, and irresistibly led to the con-
clusion that Past Masters possess no such inherent
right, and that membership in a Grand Lodge can
only be secured to them as an act of courtesy by a
special enactment of the body.

In the earlier history of Masonry, when the. Gen-
eral Assembly, which met annually, was composed
of the whole body of the craft, Past Masters, of
course, were admitted to membership in that assem-
blage. And so also were all Master Masons and
Fellow Crafts.* But at the organization of the
Grand Lodge on a representative basis, in 1717,
Past Masters were not originally admitted as mem-
bers. The old Constitutions do not anywhere re-
cognize them. There is no mention made of them in
any of the editions of Anderson or his editors, En-
tick and Northouck. Even the schismatic body of
" Ancients," in England, in the last century, did not
at first recognize them as a distinct class, entitled
to any peculiar privileges. Dermott, in the edition
of his " Ahiman Rezon," published in 1778, prefixed
a note to his copy of the Old and New Regulation,
taken from Anderson's edition of 1738, in whicli
note he says, " Past Masters of warranted Lodges
on record are allowed this privilege, (membership
in the Grand Lodge,) whilst they continue to be

* Thus the Gothic Constitutions say that, in 926," Prince Edwin summoned
all the Free and Accepted Masons in the kingdom to meet him in a Congre-
gation at York."— Anderson, second edit., p. 64.

OF PAST MASTERS.

255

members of any regular Lodge. "* But in the pre-
vious edition of the same work, published in 1764,
this note is not to be found, nor is there the slightest
reference to Past Masters, as members of the Grand
Lodge. Preston states that, at the laying of the
foundation-stone of Co vent Garden Theatre, in 1808,
by the Prince of Wales, as Grand Master, " the
Grand Lodge was opened by Charles March, Esq.,
attended by the Masters and Wardens of all the
regular Lodges f and in no part of the description
which he gives of the ceremonies is any notice taken
of Past Masters as constituting a part of the Grand
Lodge.f

The first notice which we obtain of Past Masters
as a component part of the Grand Lodge of Eng-
land, is in the " Articles of Union between the two
Grand Lodges of England," which were adopted in
1813, and in which it is declared that the Grand
Lodge shall consist of the Grand and Past Grand
Officers, of the actual Masters and Wardens of all
the warranted Lodges, and of the " Past Masters of
Lodges who have regularly served and passed the
chair before the day of union, and who continued,
without secession, regular contributing members of
a warranted Lodge." But it is also provided, that,
after the decease of all these ancient Past Masters
the representation of every Lodge shall consist of
its Master and Wardens, and one Past Master only.}
This was, however, evidently, a compromise made

* Dermott, Ahiman Rezon, ed. 1778 p 70.
f Preston, Oliver's edit., p. 341.
t Jbid. p. 369*

256

OP PAST MASTERS.

for the sake of the Athol Past Masters, who from
1778, and perhaps a little earlier, had enjoyed the
privileges of membership, just as in 1858, a similar
compromise was madeby the Grand Lodge of New
York, at its union with the schismatic body, when
all Past Masters, who were members of the Grand
Lodge in 18*19, were permitted to continue their
membership. But the regular Grand Lodge of Eng-
land never recognized the inherent right of Past
Masters to membership in the Grand Lodge, as will
appear from the following language used in a re-
port adopted by that body in 1851 :

" We think it clear that the right of Past Masters to vote
in Grand Lodge, wherever and so long as that right subsists,
is due to, and depends entirely upon, the Constitutions which
grant such a privilege, and therefore is not inherent."*

It seems, therefore, now to be admitted by very
general consent of all authorities, that Past Masters
possess no inherent right to membership in a Grand
Lodge ; but as every Grand Lodge is invested with
the prerogative of making regulations for its own
government, provided the landmarks are preserved,'!*
it may or may not admit Past Masers to membership
and the right of voting, according to its own notions
of expediency. This will, however, of course be,
in each jurisdiction, simply a local law which the
Grand Lodge may at any time amend or abrogate,

* Report of the Committee of the Grand Lodge of England on the New
York difficulties.

t " Every annual Grand Lodge has an inherent right, power, and authority

to make new regulations, provided always that the old landmarks be

carefully preserved."— Begulations of 1721. Art. xxxlx. Bee ante p. 70.

OP PAST MASTERS.

257

Still, the fact that Past Masters, by virtue of
their rank, are capable of receiving such a courtesy
when Master Masons are not, in itself constitutes a
prerogative, and the eligibility to election as mem-
bers of the Grand Lodge, with the consent of that
body, may be considered as one of the rights of Past
Masters.

Another right possessed by Past Masters is that
of presiding over their Lodges, in the absence of
the Master, and with the consent of the Senior War-
den, or of the Junior, if the Senior is not present.
The authority of the absent Master descends to the
Wardens in succession, and one of the Wardens
must, in such case, congregate the Lodge. After
which he may, by courtesy, invite a Past Master of
the Lodge to preside. But as this congregation of
the Lodge by a Warden is essential to the legality
of the communication, it follows that, in the ab-
sence of the Master and both Wardens, the Lodge
cannot be opened; and consequently, under such
circumstances, a Past Master cannot preside. But
no member, unless he be a Warden or a Past Mas-
ter, with the consent of the Warden, can preside
over a Lodge ; and, therefore, the eligibility of a
Past Master to be so selected by the Warden, and,
after the congregation of the Lodge by the latter
officer, to preside over its deliberations and conduct
its work, may be considered as one of the rights of
Past Masters.

Past Masters also are invested with the right of
installing their successors. There is, it is true, no

258

OF PAST MASTERS.

Ancient Regulation which expressly confers upoL
them this prerogative, but it seems always to have
been the usage of the fraternity to restrict the in-
stalling power to one who had himself been install-
ed, so that there might be an uninterrupted suc-
cession in the chair. Thus, in the "Ancient In-
stallation Charges," which date at least as far back
as the seventeenth century, in describing the way in
which the charges at an installation were given, it
is said,* " tunc unus ex senioribus tenet librum, ef
illi ponent manum suam super librum that is, " then,
one of the elders holds the book [of the law], and
they place their hand upon it ;" where senioribus,
may be very well interpreted as meaning the elder
Masters, those who have presided over a Lodge :
seniores, elders, like the equivalent Greek ^ps^urspoj,
presbyters, being originally a term descriptive of
age which was applied to those in authority.

In 1717, the iirst Grand Master, under the new
organization, was installed, as we learn from the
book of Constitutions, by the oldest Master of a
Lodge.t Preston also informs us, in his ritual of
installation, that when the Grand Master does not
act, any Master of a Lodge may perform the cere-
mony.:): Accordingly, Past Masters have been uni-
versally considered as alone possessing the right of
installation. In this and all similar expressions, it
must be understood that Past Masters and installed

* See Preston, 01. ed., p. 71, note.
\ See Anderson, second edit., p A 10.
v Preston, 01. ed., p. 71, no\p

O*' PAST MASTERS.

259

Masters, although not having been twelve months
in the chair, are in Masonic law identical. A Mas
ter of a Lodge becomes a Past Master, for all legal
purposes, as soon as he is installed.

A Past Master is eligible to election to the chair,
without again passing through the office of Warden.
The Old Charges prescribe that no one can be a
Master until he has served as a Warden. Past
Masters having once served in the office of Warden,
always afterwards retain this prerogative conferred
by such service.

Past Masters are also entitled to a seat in the
East, on the right and left of the Worshipful Mas-
ter, that he may, on all necessary occasions, avail
himself of their counsel and experience in the gov-
ernment of the Lodge ; but this is a matter left en-
tirely to his own discretion, for in the deliberations
of the Loqlge the Master is supreme, and Past Mas-
ters possess no other privileges of speaking and
voting than belong to all other Master Masons.
As a mark of respect, and as a distinction of rank,
Past Masters are to be invested with a jewel pecu-
liar to their dignity.*

By a Regulation contained in the Charges ap-
proved in 1722, it appears that none but Past Mas-
ters were eligible to the offices of Deputy Grand

* Tbe jewel of a Past Master, in the United States, is a pair of compasses
extended to sixty degrees, on the fourth part of a circle, with a sun in the
centre. In England, it was formerly the square on a quadrant, but is, by
later regulations, the Master's square, with a silver plate suspended within it}
on which is engraved the celebrated forty-seventh problem of Euclid.

260

OF PAST MASTERS.

Master, or Grand Warden.* The office of Grand
Master, however, required no such previous qualifi
cation. The highest officer of the Order might be
selected from the ranks of the fraternity. The rea-
son of this singular distinction is not at first appa-
rent, but, on reflection, will be easily understood.
The Deputy and Wardens were the working officers
of the Grand Lodge, antl expected to bring to the
discharge of the duties of their stations some expe-
rience derived from previous service in the Order.
Hence they were selected from the elders of the
craft. But the Grand Master was ahvays, when
possible, selected, not on account of his Masonic
knowledge or experience — for these, it was supposed,
would be supplied for him by his Deputyt— but on
account of the lustre that his high position and in-
fluence in the state would reflect upon the Order.
Thus, the Old Charges say that the Grand Master
must be " nobly born, or a gentleman of the best
fashion, or some eminent scholar, or some curious
architect or other artist, descended of honest pa-
rents, and who is of singular great merit, in the
opinion of the Lodges.":): But it was seldom possi-
ble to find a nobleman, or other distinguished per
son, who had passed through the inferior offices of
the Order, or bestowed any very practical attention

* See ante p. 58.

f Thus the General Regulations of 1721, in view of this fact, provide that
the Grand Master should receive no intimation of business concerning Ma
sonry, but from his Deputy first," and the Deputy is also directed " to prepare
the business speedily, and to lay it orderly before his Worship."- -A rt. xvi.

+ See ante. p. 58.

OF PAST MASTERS.

2G1

on Masonry. It was, therefore, thought better that
the eraft should enjoy the advantages of a Grand
Master in high social position, however unskilled in
the art he might be, than of one, no matter how
much Masonic experience he possessed, if he was
without worldly influence. Therefore no other qua-
lification was required for the office of Grand Mas-
ter than that of being a Fellow Craft. The regu-
lation is not now necessary, for Masonry in the
elevated condition that it has now attained, needs
no extraneous influence to support it, and Grand
Masters are often selected for their experience and
Masonic zeal ; but, in the eighteenth century, the
Order undoubtedly . derived much advantage, as it
does even now in Europe, from the long array of
royal and noble Grand Masters.

All that has been here said of the rights of Past
Masters must be considered as strictly referring to
actual Past Masters only ; that is to say, to Past
Masters who have been regularly installed to pre-
side over a Lodge of Ancient Craft Masons, under
the jurisdiction of a Grand Lodge. Virtual Past
Masters, or those who have received the degree in
a Chapter, as preparatory to exaltation to the Royal
Arch, possess none of these rights.

A few years ago, this distinction of actual and
virtual Past Masters gave rise to much discussion in
the Order ; and although the question of their re-
spective rights is now very generally settled, it is
proper that a few words should be devoted to its
consideration.

262 OF PAST MASTERS.

The question to be investigated is, whether a vir
tual or Chapter Past Master can install the Mastei
elect of a symbolic Lodge, or be present when he
receives the Past Master's degree during the cere
mony of installation.

The Committee of Foreign Correspondence ot
New York, held, in 1851, that a Chapter Past Mas-
ter cannot legally install the Master of a symbolic-
Lodge, but that there is no rule forbidding his be-
ing present at the ceremony.

In South Carolina, virtual Past Masters are not
permitted to install, or be present when the degree is
conferred at the installation of a Master of a Lodge.
They are not recognized by the Grand Lodge.

Bro. Gedge, of Louisiana, asserted, in 1852, that
" it is the bounden duty of all Grand Lodges to pre-
vent the possessors of the Chapter degree from the
exercise of any function appertaining to the office
and attributes of an installed Master of a Lodge of
symbolic Masonry, and refuse to recognize them as
belonging to the Order of Past Masters."*

Bro. Albert Pike, one of the most distinguished
Masonic jurists of the present day, says that he does
not consider " that the Past Master's degree, con-
ferred in a Chapter, invests the recipient with an}'
rank or authority, except within the Chapter itself;

* At the same communication the Grand Lodge of Louisiana unanimously
adopted a resolution, declaring that " it can only concede, and does only
concede the title and privileges, and confide the duties of Past Master only
to such Master Masons as have been regularly elected and installed into the
office of Master of a Lodge of symbolic Freemasonry, constituted and char
tered by a lawful Grand Lodge."— Proc. G. L. of La., pp. 76 and 90.

OF PAST MASTERS.

263

that it in no way qualifies or authorizes him to pre-
side in the chair of a Lodge ; that a Lodge has no
legal means of knowing that he has received the de
gree in a Chapter ; for it is not to know anything
that takes place there any more than it knows what
takes place in a Lodge of Perfection, or a Chapter
of Rose Croix,"* whence it follows, that if the actual
Past Masters of a lodge have no legal means of
recognition of the virtual Past Masters of a Chap-
ter, the former cannot permit the latter to install
or be present at an installation.*!*"

The foundation of this rule is laid in the soundest
principles of reason. It is evident, from all Masonic
history, that the degree of Past Master, which was
exceedingly simple in its primitive construction,
was originally conferred by symbolic Lodges, as an
honorarium or reward upon those brethren who had
been called to preside in the Oriental chair. Thus
it was simply an official degree, and could only be
obtained in the Lodge which had conferred the of-
fice. But as it always has been a regulation of the
Royal Arch degree that it can be conferred only on
one who has " passed the chair," or received the
Past Master's degree, which originally meant that
none but the Masters of Lodges could be exalted to
the Royal Arch, as the degree was considered too im-
portant to be bestowed on all Master Masons indis-
criminately, it was found necessary when Chapters

"* Report on Masonic Jurisprudence to the Grand Lodge of Arkansas.

t ^Nor can I readily understand how a Chapter Past Master can consent,
as such, to sit in a Past Master's Lodge with Past Masters who have nci
received the Mark degree.

264

OF PAST MASTERS.

were organized independently of symbolic Lodges
to introduce the degree, as a preparatory step to the
exaltation of their candidates to the Royal Arch.

Hence arose the singular anomaly, which now ex-
ists in modern Masonry, of two degrees bearing the
same name and identical in character, but which are
conferred by two different bodies, under distinct
jurisdictions and for totally different purposes. The
Past Master's degree is conferred in a symbolic
Lodge as an honorarium upon a newly-elected Mas-
ter, and as a part of the installation ceremony. In
a Chapter, it is conferred as a preparatory qualifi-
cation to the reception of the Royal Arch degree.
All this was well understood at the beginning, ancj
is not now denied by any who have made researches
into the subject. Still, as the details of this history
became, by the lapse of time, less generally known,
disputes began to arise between the two parties as
to the vexatious questions of legitimacy and juris-
diction. In these controversies, the virtual or Chap-
ter Past Masters denied the right of the symbolic
Lodges to confer, and the actual or installed Past
Masters rightly contended that the conferring of the
degree in Chapters is an innovation.

It must be evident, then, from what has been said,
that the Chapter degree has nothing, and can have
nothing, to do with the same degree as conferred in
a Lodge ; and that Chapter Past Masters neither
have the right to install the Masters elect of sym-
bolic Lodges, nor to be present when, in the course
of installation, the degree is conferred.

CHAPTER Y.

An unaffiliated Mason is one who does not hold
membership in any Lodge.* Such a class of Masons,
if amounting to any great number, is discreditable
to the Order, because their existence is a pregnant
evidence that care has not been taken in the selec-
tion of members ; and accordingly, for some years
past, the Grand Lodges of this country have been
denouncing them in the strongest terms of condem-
nation, at the same time that able discussions have
been carried on as to the most eligible method of
checking the evil.

The Special Committee on Jurisprudence of the
Grand Lodge of Virginia said, in 1856, with great
truth, that " it cannot be concealed that this class
of drones in the hive of Masonry, now numbered by

* The word is derived from the French word ctffUier, which Richelet thus
defines : 4t Donner a quelqu'un participation des biens spirituels d'un Ordre
religieux : cette communication se nomme affiliation." That is : " To
communicate to any one a participation in the spiritual benefits of a re-
ligious order : such a communication is called an affiliation"— Richklet,
Diet d£ la Langw Frangoise. The word is found in none of the older
Masonic books.

266

OF UNAFFILIATED MASONS.

thousands in America, are exerting a very unwhole-
some influence on the position which our time-
honored institution is entitled to hold before the
world. "*

It is important, therefore, that we should inquire
into the prerogatives of this class, and into the na-
ture of the relations which exist between them and
the body from which they have withdrawn.

In the first place, it may be stated, that there is
no precept more explicitly expressed in the ancient
Constitutions than that every Mason should belong
tD a Lodge. The foundation of the law which im-
poses this duty is to be traced as far back as the
Gothic Constitutions of 926, which tell us that " the
workman shall labor diligently on work-days, that
he may deserve his holidays. 7,t The obligation that
every Mason should thus labor is implied in all the
subsequent Constitutions, which always speak of Ma-
sons as working members of the fraternity, until we
come to the Charges approved in 1722, which expli-
citly state that " every Brother ought to belong to
a Lodge, and to be subject to its By-Laws and the
General Regulations.^

Explicitly, however, as the law has been an-
nounced, it has not, in modern times, been observed
with that fidelity which should have been expected,
perhaps, because no precise penalty was annexed to
its violation. The word " ought" has given to the

* Report of Special Committee on Masonic Jurisprudence to the Grand
Lodge of Virginia, 1855, p. 3.
t tee ante p. 45. $ See ante p. 56.

OF UNAFFILIATED MASONS.

267

regulation a simply declaratory form ; and although
we are still compelled to conclude that its violation
is a neglect of Masonic duty, and therefore punish
able by a Masonic tribunal, Masonic jurists have
been at a loss to agree upon the nature and extent
of the punishment that should be inflicted.

The Grand Lodge of Georgia prohibits Master
Masons who remain unaffiliated more than twelve
months from visiting other Lodges, or receiving
any of the privileges or benefits of Masonry.

Maryland deprives them of the right of visit.

Mississippi divests unaffiliated Masons of all the
rights and privileges of the Order — those, namely,
of visiting Lodges, demanding charitable aid, re-
ceiving Masonic burial, or joining in Masonic pro-
cessions.

Iowa directs them to be tried and suspended if
they give no valid excuse for their non-affiliation.

South Carolina withholds Masonic aid, and denies
to them the right of visit, except once, to every
Lodge.

Yermont deprives them of " all the rights, bene-
fits, and privileges of the Lodges," but makes a res-
ervation in favor of poor brethren who cannot afford
to pay Lodge dues.

Virginia declares them to be not entitled to the
benefits of Masonry.

Wisconsin refuses to grant relief to them, unless
they can assign good reasons for non-affiliation.

Alabama deprives them of Masonic relief ant!
burial.

268

OP UNAFFILIATED MASutfS.

New York forbids them to visit more than twice,
withholds relief and Masonic burial, and deprives
them of the right of joining in processions.

California orders its Lodges to try them, and de-
clares them unworthy of Masonic charity.

Indiana forbids them to join in processions, and
deprives them of the rights of relief, visit, and
burial.

North Carolina directs them to be taxed. The
same principle of taxation has at various times
Deen adopted by Texas, Ohio, Arkansas, and Mis-
souri.

Minnesota declares it an offence to admit an unaf-
filiated Mason, as a visitor, more than three times,
and denies them the right of Masonic relief, burial,
and joining in processions.

In short, while the penalty inflicted for non-affili-
ation has varied in different jurisdictions, I know
of no Grand Lodge that has not concurred in the
view that it is a Masonic offence, to be visited by
some penalty, or the deprivation of some rights.

And certainly, as it is an undoubted precept of
our Order, that every Mason should belong to a
Lodge, and contribute, as far as his means will
allow, to the support of the institution ; and as. by
his continuance in a state of non-affiliation, he vio-
lates this precept, and disobeys the law which he
nad promised to support, it necessarily follows that
an unaffiliated Mason is placed in a very different
position, morally and legally, from that occupied by
an affiliated one. Let us now inquire into the na-

OF UNAFFILIATED MASONS.

269

ture of that new position, and its legal effects
But I must premise, for the better understanding
of the views that will be announced on this subject,
that every Mason is placed, by the nature of the
Masonic organization, in a two-fold relation : first,
to the Order ; and next, to his Lodge.

The relation of a Mason to the Order is like that
of a child to its parent — a relation which, having
once been established, never can be obliterated. As
no change of time, place, or circumstance can au-
thorize the child to divest himself of that tie which
exists between himself and the author of his exist-
ence— a tie which only death can sever — so nothing
can cancel the relationship between every Mason and
his Order, except expulsion, which is recognized as
equivalent to Masonic death. Hence results the
well-known maxim of, " Once a Mason and always a
Mason." It follows, therefore, that an unaffiliated
Mason is not divested, and cannot divest himself, 01
all his Masonic responsibilities to the fraternity in
general, nor does he forfeit by such non-affiliation
the correlative duties of the craft to him which arise
out of his general relation to the Order. He is
still bound by certain obligations, which cannot be
canceled by any human authority ; and by similar
obligations every Mason is bound to him. These
obligations refer to the duties of secrecy and of aid
in the hour of imminent peril. No one denies the
perpetual existence of the first ; and the very lan-
guage— giving no room for any exceptions in its
phraseology — in which the latter is couched, leaves

270

OP UNAFFILIATED MASONS.

no opportunity for reservation as to affiliated Masons
only.

Bro. Albert Pike, in his report to the Grand
Lodge of Arkansas, while discussing this subject,
says : " If a person appeals to us as a Mason in im-
minent peril, or such pressing need that we have
not time to inquire into his worthiness, then, lest we
might refuse to relieve and aid a worthy Brother, we
must not stop to inquire as to anything."* But I
confess that I am not satisfied with this argument,
which does not take the highest view of the princi-
ple. We are to give aid in imminent peril when
Masonically called upon, not lest injustice may be
done if we pause to inquire into the question of af-
filiation, but because the obligation to give this aid,
which is reciprocal among all Masons, never has
been, and never can be, canceled.

It may be said that in this way an expelled Mason
may also receive aid. I reply, that if I do not
know his position, of course I am not to stop and
inquire. Here the reasoning of Bro. Pike holds
good. In imminent peril we have no time to in-
quire into the question of worthiness. But if I
know him to be an expelled Mason, I am not bound
to heed his call, for an expelled Mason is legally a
dead Mason, or no Mason at all. But an unaffili-

* Report of Com. of For. Corresp. G. L. of Ark., 1854, p. 116. Let me
add here, that tins document is one of the most valuable treatises on Ma*
sonic jurisprudence that has ever been published, and ought to be in the
library of every Mason. It bears throughout the impress of the acoonv
plished author's profundity and originality of thought.

OF UNAFFILIATED MASONS.

271

ated Mason is not in that position, and this makes
all the difference. The only way to cut the gor-
dian knot of these difficulties is for. Grand Lodges
to expel all unaffiliated Masons who can give no
sufficient excuse for their non-affiliation. There is no
legal objection to this course, provided a due course
of trial, in each case, is pursued. Then, and then
only, will unaffiliated Masons become in the legal
sense unworthy ; and then, and then only, will they
lose all the Masonic rights which they had origin-
ally possessed by their relations to the Order.

The relation which a Mason bears to his Lodge is
of a different nature from that which connects him
with the Order. It is in some degree similar to
that political relation which jurists have called
" local allegiance," or the allegiance which a man
gives to the country or the sovereign in whose ter-
ritories and under whose protection he resides.
This allegiance is founded on the doctrine that
where there is protection there should be subjec-
tion, and that subjection should in turn receive pro-
tection.* It may be permanent or temporary. A
removal from the territory cancels the allegiance,
which will again be contracted towards the sove-
reign of the new domicil to which the individual
* may have removed. Now this is precisely the rela-
tion which exists between a Mason and his Lodge.
The Lodge grants him its protection ; that is, from
his membership in it he derives his rights of visit,

* The maxim of the law is : *' Protectio trahit subjectionem et subjects
protectionem."

272

OF UNAFFILIATED MASONS.

of relief, of burial, and all the other prerogatives
which inure, by custom or law, to the active mem-
bers of Lodges, and which are actually the results
of membership. In return for this, he gives it his
allegiance ; he acknowledges obedience to its By-
Laws, and he contributes to its revenues by his an-
nual or quarterly dues. But he may at any time
dissolve this allegiance to any particular Lodge, and
contract it with another. As the denizen of a coun-
try cancels his allegiance by abandoning its protec-
tion and removing to another territory, the Mason
may withdraw his relations to one Lodge and unite
with another. But he still continues an affiliated
Mason, only his affiliation is with another body.

But the denizen who removes from one country
may not, by subsequent residence, give his allegiance
to another. He may become a cosmopolite, bear-
ing local allegiance to no particular sovereign. All
that follows from this is, that he acquires no right
of protection ; for, if he gives no subjection, he can
ask for no protection.

Now this is precisely the case with an unaffiliated
Mason. Having taken his demit from one Lodge,
he has of course lost its protection ; and, having
united with no other, he can claim protection from
none. He has forfeited all those rights which are
derived from membership. He has dissevered all
connection between himself and the Lodge organiza-
tion of the Order, and by this act has divested him-
self of all the prerogatives which belonged to him
as a member of that organization. Among these

OF UNAFFILIATED MASONS

273

are the right of visit, of pecuniary aid, and of Ma-
sonic burial . When he seeks to enter the door of a
Lodge it must be closed upon him, for the right to
visit belongs only to affiliated Masons. Whenever
he seeks for Lodge assistance, he is to be refused,
because the funds of the Lodge are not to be dis-
tributed among those who refuse to aid, by their
individual contributions, in the formation of similar
funds in other Lodges. Nor can he expect to be
accompanied to his last resting-place by his breth-
ren ; for it is a settled law, that no Mason can be
buried with the ceremonies of the Order, except
upon his express request, previously made to the
Master of the Lodge of which he is a member.

We see, then, that there is a wide difference m
the result of non-affiliation, on the relations which
exist between a Mason and the Order generally, and
those which exist between him and the Lodges of the
Order. With the latter all connection is severed,
but nothing can cancel his relations with the former
except Masonic death ; that is to say, expulsion.
When the question between two Masons is in refer-
ence to any mutual duties which result from mem-
bership in a Lodge — as, for instance, when it is a
question of the right of visit- — then it is proper to
inquire into the matter of affiliation, because that
affects these duties ; but when it is in reference to
any duties or obligations which might be claimed
even if Lodge organization did not exist — such, for
instance, as assistance in imminent peril — then there
can be no inquiry made into the subject of affiliation ;

12*

274

OF UNAFFILIATED MASONS.

for affiliation or non-affiliation has no relation to
these duties.

But it has been said that non-affiliation is a Masonic
offence, and that he who is guilty of it is an unworthy
Mason, and as such divested of all his rights. It is
admitted, most freely, that non-affiliation is a viola-
tion of positive Masonic law ; but it does not follow
that, in the technical sense in which alone the word
has any Masonic legal meaning, an unaffiliated Ma-
son is an unworthy Mason. He can only be made
so by the declaration, in his particular case, of a le-
gally constituted Lodge, after due trial and convic-
tion. But this question is so well argued by the
Committee on Jurisprudence of the Grand Lodge
of Yirginia, that I do not hesitate to cite their lan-
guage.

" All who have spoken or written upon the subject, pro-
claim him [the unaffiliated Mason] an unworthy Mason ; but
they, and ten times their number, do not make him so, in
their individual relation, for the obvious reason that he can-
not, individually, absolve himself from such duties as he
owes to the institution; so the fraternity, acting in their
individual capacity, cannot absolve themselves from their
duties to him ; and as it is only by a just and legal Lodge,
acting in its chartered capacity, and under the injunctions
of the Constitutions of Masonry and By-Laws of Grand
Lodges, that he can be invested with the rights and benefits
of Masonry, and pronounced worthy; so it is only by the
same power, acting in the same character, and under the
same restrictions, that he can be disfranchised of these
rights and benefits, and pronounced unworthy.' *

* Report, p. 11.

"of unaffiliated masons. 275

It seems to me, in conclusion, that it will be
safe to lay down the following principles, as sup-
ported by the law on the subject of unaffiliated
Masons :

1. An unaffiliated Mason is still bound by all
those Masonic duties and obligations which refer to
the Order in general, but not by those which relate
to Lodge organization.

2. He possesses, reciprocally, all those rights
which are derived from membership in the Order,
but none of those which result from membership in
a Lodge.

3. He has a right to assistance when m imminent
peril, if he asks for that assistance in the conven-
tional way.

4. He has no right to pecuniary aid from a
Lodge.

5. He has no right to visit Lodges, or to walk in
Masonic processions,

6. He has no right to Masonic burial.

7. He still remains subject to the government of
the Order, and may be tried and punished for any
offence, by the Lodge within whose geographical
jurisdiction he resides.

8. And, lastly, as non-affiliation is a violation of
Masonic law, he may, if he refuses to abandon that
condition, be tried and punished for it, even by ex-
pulsion, if deemed necessary or expedient, by any
Grand Lodge within whose jurisdiction he lives.

BOOK IV.

ftafo relating fa Hobgps,

Having treated of the law in relation to Masons in their
individual capacity, I next come to the consideration of those
bodies which result from the congregation of Masons into
corporate societies. The primary organization of this kind
is the Lodge, and therefore, in the Fourth Book, I shall dis-
cuss the nature and prerogatives of these Lodges.

CHAPTER I.

2TDe Nature of u SUtr^e*

The Old Charges of 1722 define a Lodge to be
u a place where Masons assemble and work and
the definition is still further extended by describing
it as " an assembly or duly organized society of Ma-
sons." This organization was originally very sim-
ple in its character • for, previous to the year 1717,
a sufficient number of Masons could meet, open a
Lodge, and make Masons, with the consent of the
sheriff or chief magistrate of the place.* But in
1717 a regulation was adopted, which declared
" that the privilege of assembling as Masons should
no longer be unlimited, but that it should be vested
in certain Lodges convened in certain places, and
legally authorized by the Warrant of the Grand

* " The mode of applying by petition to the Grand Master, for a Warrant
to meet as a regular Lodge, commenced only in the year 1718 ; previous to
which time, Lodges were empowered, by inherent privileges vested in the
fraternity at large, to meet and act occasionally, under the direction of some
able Architect, and the acting magistrate of the county ; and the proceed-
ings of those meetings being approved by the majority of the brethren con-
vened at another Lodge assembled in the same district, were deemed con
stitutional."— Preston, Ol. ed., p. 66, note.

280

NATURE OF A LODGE.

Master and the consent of the Grand Lodge. So
that the modern definition contained in the lecture
of the first degree is more applicable now than it
would have been before the eighteenth century.
This definition describes a Lodge as " an assem-
blage of Masons, duly congregated, having the
Holy Bible, square and compasses, and a Charter
or Warrant of Constitution empowering them to
work."

The ritual constantly speaks of Lodges as being
"just and legally constituted." These two terms
refer to two entirely distinct elements in the organi-
zation of a Lodge. It is "just"* when it consists
of the requisite number of members to transact the
business or perform the labors of the degree in
which it is opened, and is supplied with the neces-
sary furniture of a Bible, square and compasses.
It is " legally constituted" when it is opened under
constitutional authority. Each of these ingredients
is necessary in the organization of a Lodge. Its
justness is a subject, however, that is entirely regu-
lated by the ritual. Its legality alone is to be con-
sidered in the present work. ,

Every Lodge, at the present day, requires for its
proper organization as a "legally constituted"
body, that it should have been congregated by the
permission of some superior authority, which au
thority may emanate either from a Grand Master
or a Grand Lodge. When organized by the for-

* The word just is here taken in the old sense of " complete in all iti
parts."

LODGES UNDER DISPENSATION. 281

iner, it is said to be a Lodge under Dispensation;
when by the latter, it is called a Warranted Lodge.
These two distinctions in the nature of Lodge or-
ganization will therefore give rise to separate inqui-
ries : first, into the character of Lodges working
under a Dispensation ; and secondly, into that of
Lodges working under a Warrant of Constitution.

SECTION I.

THE ORGANIZATION OF LODGES UNDER DISPENSATION.

When seven Master Masons, at least, are desirous
of organizing a Lodge, they apply by petition to the
Grand Master of the jurisdiction for the necessary
authority. This petition must set forth that they
now are, or have been, members of a legally consti-
tuted Lodge, and must assign a satisfactory reason
for their application. It must also be recommended
by the nearest Lodge, and must designate the place
where the Lodge is intended to be held, and the
names of the persons whom the petitioners desire
to be appointed as Master and Wardens.

Seven things must therefore concur to give regu-
larity to the form of a petition for a Dispensation.
1. There must be seven signers at least. 2, They
must all be Master Masons. 3. They must be in
good standing. 4. There must be a good reason
for the organization of a Lodge at that time and
place. 5. The place of meeting must be designa-
ted. 6. The names of the three officers must be

282

ORGANIZATION OP

stated. 7. It must bo recommended by the nearest
Lodge.

Dalcho, contrary to all the other authorities ex-
cept the Grand Lodge of Ireland, says that not less
than three Master Masons should sign the petition.*
The rule, however, requiring seven signers, which,
with these exceptions, is, I think, universal, seems
to be founded in reason ; for, as not less than seven
Masons can, by the ritualistic Landmark, open and
hold a Lodge of Entered Apprentices, the prelimi-
nary degree in which all Lodges have to work, it
would necessarily be absurd to authorize a smaller
number to organize a Lodge, which, after its organi-
zation, could not hold meetings nor initiate candi-
dates in that degree.

The Old Constitutions are necessarily silent upon
this subject, since, at the time of their adoption,
permanent Lodge organizations were unknown. But
it is singular that no rule should have been incor^
porated into the Regulations of 1721, which were
of course adopted after the establishment of per-
manent Lodges.t It is therefore to Preston that

* Dalcho, Ahiman Rezon, ed. 1822 , p. 102. The Regulation of the Grand
Lodge of Ireland, both as to the number of signers and of recommenders.
is precisely the same as Dalcho's. The regulation has not been in force in
South Carolina, within my recollection, and seven signers are required in
that as in other jurisdictions.

f Dermott, who, however irregular, was his authority, gives us, very
often, an accurate idea of what was the general condition of Masonic law
at his time, says nothing about the number of petitioners in his Ahiman
"Rezon, but in his letter to the Master of a Lodge in Philadelphia he says
that the Dispensation must be granted to one Master Mason, who call
others to his assistance.

LODGES UNDER DISPENSATION. 283

we are indebted for the explicit announcement of
the law, that the petition must be signed by not
Jess than seven Masons.

Preston says that the petition must be recom-
mended " by the Masters of three regular Lodges
adjacent to the place where the new Lodge is to be
held." This is also the precise language of the
Constitution of the Grand Lodge of Ireland. The
Grand Lodge of Scotland requires the recommenda-
tion to be signed " by the Masters and Officers of two
•of the nearest Lodges." The modern Constitution
of the Grand Lodge of England requires a recom-
mendation " by the officers of some regular Lodge,"
without saying anything of its vicinity to the new
Lodge. The rule now universally adopted is, that
it must be recommended by the nearest Lodge ; and
it is an excellent one, too, for it certifies to the su-
perior authority, on the very best evidence that can
be obtained — that, namely, of a constituted Masonic
body, which has the opportunity of knowing the
fact that the new Lodge will be productive, neither
in its officers nor its locality, of an injury to the
Order.

But as, unfortunately, the recommending Lodges
are not always particular in inquiring into the quali-
fications of the officers of the new Lodge who have
been nominated to the Grand Master, and hence
Lodges have been created in advantageous situa-
tions which yet, from the ignorance of those who
presided over them, have been of serious detri-
ment to the craft, the Grand Lodges are beginning

284

ORGANIZATION OF

now to look for something more than a mere formal
recommendation which only certifies to the moral
character of the applicants. As a Lodge may be
considered as a Masonic academy, it is certainly
desirable that its teachers should be competent to
discharge the duties of instruction which they have
undertaken. Hence, in 1858, the Grand Lodge of
Florida adopted a resolution which declared " that
no Dispensation or Charter shall be granted to any
set of Masons, unless the Master and Wardens
named in the application be first examined as to
their proficiency in three degrees by the Master and
Wardens, or Lodge recommending them, and that
said examination shall not be considered suffi-
cient unless the entire ceremony of opening and
closing the Lodge, with all the Lectures of each de-
gree, are fully and completely exhibited in open
Lodge, and such satisfactory examination be en-
dorsed on the application."

The correctness — the indispensable necessity of
such a regulation — commends itself to every one
whose experience has made him acquainted with
the fact, that Lodges are too often organized, with
officers altogether unacquainted with the most ru
dimentary instructions of Masonry ; and a carica-
ture of the institution is thus often presented, alike
derogatory to its dignity and usefulness, and hu
miliating to its better informed friends. No dis-
pensation, in my opinion, should ever be granted,
until the Lodge asking for it had given convincing
proofs that the institution of Masonry would in its

LODGES UNDER DISPENSATION. 285

hands be elevated, and justice would be fairly done
to all the candidates whom it should admit. I do
not ask that all Lodges should be equally learned,
but I do require that none should be deplorably ig-
norant. Still, excepting in jurisdictions which may
have wisely adopted this regulation, the old law
remains in force, which only requires a simple
recommendation as to moral character and Masonic
standing.

If this recommendation be allowed, the Grand
Secretary makes ready a document called a Dispen-
sation, which gives power to the officers named in
the petition to hold a Lodge, open and close it, and
to " enter, pass, and raise Freemasons."

The length of time of this dispensation is gen-
erally understood, and expressed on its face to be,
" until it shall be revoked by the Grand Master or
the Grand Lodge, or until a Warrant of Constitu-
tion is granted by the Grand Lodge." Preston ob-
serves, that the brethren named in it are vested
with power " to assemble as Masons for forty days,
and until such time as a Warrant of Constitution
can be obtained by command of the Grand Lodge,
or that authority be recalled." Usage, however, as
a general thing, allows the dispensation to con-
tinue until the next meeting of the Grand Lodge,
when it is either annulled or a warrant of consti-
tution granted.

Either the Grand Master or the Grand Lodge
has the power to revoke the dispensation ; and in
such a case, the Lodge of course at once ceases to

286

ORGANIZATION OF

exist. As in the case of all extinct Lodges, what-
ever funds or property it has accumulated will
pass to the Grand Lodge, which may be called the
natural heir of its subordinates ; but all the work
done in the Lodge, under the dispensation, is regu-
lar and legal, and all the Masons made by it are, in
every sense of the term, " true and lawful brethren."

SECTION II

ORGANIZATION OF WARRANTED LODGES.

In the last section I described the organization
of a Lodge under dispensation, and it was shown
that such an organization might be canceled by
the revocation of the dispensation by either the
Grand Master or the Grand Lodge, in which event
the Lodge would cease to exist ; but a Lodge under
dispensation may terminate its existence in a more
favorable way, by being changed into a Lodge
working under a warrant of constitution. The
mode in which this change is to be effected
will be the subject of consideration in the present
section.

At the communication of the Grand Lodge, which
takes place next after the granting of the dispensa-
tion by the Grand Master, that officer states the
fact to the Grand Lodge, of his having granted
such an authority, when a vote being taken on the
question whether the dispensation shall or shall not
be confirmed, if a majority are in favor of the con-

WARRANTED LODGES.

287

firmation, the Grand Secretary is directed to issue
a warrant of constitution.

This instrument differs from a dispensation in
many important particulars. A dispensation ema
nates from a Grand Master ; a warrant from a
Grand Lodge. The one is temporary and definite
in its duration ; the other permanent and indefinite.
The one is revocable at pleasure by the Grand
Master ; the other, only upon cause shown by the
Grand Lodge. The one confers only a name ; the
other, a number upon the Lodge. The one restricts
the authority that it bestows to the making of
Masons ; the other extends that authority to the
installation of officers and the succession in office.
The one contains within itself no power of self-per-
petuation ; the other does. From these differences
in the two documents arise important peculiarities
in the prerogatives of the two bodies which are re-
spectively organized under their authority, which
peculiarities will constitute the subject matter of
the succeeding chapter.

The Lodge to which the warrant has been granted
is still, however, only an inchoate Lodge. To per-
fect its character, and to entitle it to all the prero-
gatives of a warranted Lodge, certain forms and
ceremonies have to be observed. These ceremonies
are, according to the ritual, as follows, and in the
following order :*

* As the forms of consecration, &c, are altogether ritualistic in then
character, I have, for the most part, followed the authority of Webb, whose
work has for more than half a century been recognized as a Text-book bj

288

ORGANIZATION OP

1. Consecration.

2. Dedication.

3. Constitution.

4. Installation.

Before proceeding to the consideration of each
of these ceremonies, it is necessary to remark that
they should all be performed by the Grand Master
in person, or, if he is unable to attend, by some
Past Master, who acts for him by a special warrant
of proxy.

1. The Consecration, — The ceremony of conse-
crating religious edifices to the sacred purposes for
which they are intended, by mystic rites, has been
transmitted to us from the remotest antiquity.
" History," says Dudley, u both ancient and modern,
tells us that extraordinary rites, called rites of con-
secration or dedication, have been performed by
people of all ages and nations, on the occasion of
the first application of altars or temples, or places,
to religious uses."* Thus, Moses consecrated the
tabernacle,t Solomon the first temple,! and the re-
turned exiles from Babylon the second.§ Among

the Grand Lodges of the United States, and whose opinion on all questions
of ceremony is entitled to great deference, as he is admitted to have been
the founder of the American system of lectures. The form of constituting
Lodges, which was practised by the Duke of Wharton, in the beginning of the
last century, and which is described in the first edition of Anderson, page
71, is much simpler, but it has long been disused in this country. Preston's
ritual, also, which varies from that of Webb, and does not include the cere
mony of dedication, has also been abandoned.
* Naology, p. 513. t Exod. xl. Numb. vii. $ I Kings, viii
§ Ezra.vi. 16,17.

WARRANTED LODGES. 289

the Pagans, ceremonies of the most magnificent na-
ture were often used in setting'apart their gorgeous
temples to the purposes of worship. A Masonic-
Lodge is, in imitation of these ancient examples,
consecrated with mystic ceremonies to the sacred
purposes for which it had been constructed. By
this act it is set apart for a holy object, the cultiva-
tion of the great tenets of a Mason's profession, and
becomes, or should become, in the mind of the con-
scientious Mason, invested with a peculiar reverence
as a place where, as he passes over its threshold, he
should feel the application of the command given to
Moses : u Put off thy shoes from off thy feet, for
Mie place whereon thou standest is holy ground.'

On this occasion a box is to be used as the symbol
of the Lodge. It is placed in the centre of the
room, and is a representation of the ark of the cove-
nant, which was deposited in the Holy of Holies of
the ancient temple.*

In the course of the ceremonies, this Lodge is
sprinkled with corn, wine and oil, which are the
Masonic elements of Consecration. These elements
are technically called " the corn of nourishment, the
wine of refreshment, and the oil of joy," and are to
the Mason symbolic of the many gifts and blessings

* It is a great error on the part of some Masons to suppose that the ark
of the covenant is a symbol peculiarly appropriate to Royal Arch Masonry.
On the contrary, the true ark is to be found only in Ancient Craft Masonry,
whose foundation is the old temple, and it has always constituted a part of
the coat of arms of the institution. The ark used in Royal Arch Masonry is
simply a representation of the imitative ark which was substituted for the
original one in the second temple. The Royal Arch degree has nothing tc
do with the true or Mosaic ark of the covenant.

290

ORGANIZATION OF

for which we are indebted to the bounty of the
G. A. 0. T. XL; for the first is emblematic, in Ma-
. sonic symbolism, of health, the second of plenty,
and the third of peace.

The ancient altars were thus consecrated by the
offering of barley cakes and libations of wine and
oil, and the Jewish ritual gives ample directions for
a similar ceremony. The rite of Masonic consecra-
tion is accompanied by a prayer, in which the
Lodge is solemnly consecrated " to the honor of
God's glory."

2. The Dedication. — The ceremony of dedicating
the Lodge immediately follows that of its consecra-
tion. This, too, is a very ancient ceremony, and
finds its prototype in the religious services of anti-
quity. Every temple among the Pagans was dedi-
cated to some particular deity, oftentimes to the
conjoint worship of several, while the Jews dedi-
cated their religious edifices to the one supreme
Jehovah. Thus David dedicated with solemn cere-
monies the altar which he erected on the threshing
floor of Oman, the Jebusite, after the cessation of
the plague which had afflicted his people ; and Cal-
met conjectured that he composed the thirtieth
psalm on this occasion. The Jews extended this
ceremony of dedication even to their private houses,
and Clarke tells us, in reference to a passage on
this subject in the book of Deuteronomy, that " it
was a custom in Israel to dedicate a new house to
God with prayer, praise and thanksgiving ; and
this was done in order to secure the divine presence

WARRANTED LODGES.

and blessing ; for no pious or sensible man could
imagine he could dwell safely in a house that was
not under the immediate protection of God." *

According to the learned Selden, there was a dis-
tinction among the Jews between consecration and
dedication, for sacred things were both consecrated
and dedicated, while profane things, such as private
dwelling-houses, were only dedicated. Dedication
was, therefore, a less sacred ceremony than conse-
cration, t This distinction has also been preserved
among Christians; many of whom, and in the early
ages all, consecrated 4heir churches to the worship
of God, but dedicated them to, or placed them under
the especial patronage of some particular Saint.
A. similar practice prevails in the Masonic institu-
tion, and therefore, while we consecrate our Lodges,
as has just been seen, " to the honor of God's glory,"
we dedicate them to the patrons of our order.J

* Commentary on Deut. xx. 5: " What man is there that hath built a new
house, and hath not dedicated it? Let him go and return unto his houso, lest
he die in the battle, and another man dedicate it"

f Gilbertfs, Bishop of Lucca, in his treatise, " De Usa Ecclesiastico,"
quoted by Du Cange, makes a similar distinction. He says that the priest
oonsecrates the temple and the altar; but the bishop dedicates the ecclesias-
tical utensils which are used only by the priesthood, such as the saoerdotal
and pontifical vestments, the chalice, &c. Those things only, he adds, are
consecrated which are separated from common use for divine worship.

$ As some over-scrupulous brethren have been known to object to tho
dedication of our Lodges to the Saints John, as savoring, in their opinion, of
superstition, it may be profitable to read the remarks of " the judicious
Hooker" on the similar custom of dedicating Christian churches: " Touch-
ing the names of angels and saints, whereby most of our churches are cailcdt
as the custom of so naming them is very ancient, so neither was the cause
of it at first, nor is the use and continuance of it at this present, hurtful.
That churches were consecrated to none but the Lord only, the very generaj

ORGANIZATION OF

Tradition informs us that Masonic Lodges were
originally dedicated to King Solomon, because he
was our first Most Excellent Grand Master. In the
sixteenth century, if we may judge from expressions
used in the celebrated Charter of Cologne, St.
John the Baptist seems to have been considered as
the peculiar patron of Freemasonry ; but subse-
quently this honor was divided between the two
Saints John, the Baptist and the Evangelist, and
modern Lodges, in this country at least, are uni-
versally erected or consecrated to God, and dedicated
to the Holy Saints John.* I am therefore surprised
to find the formula in Webb, which dedicates the
Lodge " to the memory of the Holy Saint John."
I cannot but deem it an inadvertence on the part of
this Masonic lecturer, since in all his oral teachings
he adhered to the more general system, and de-
scribed a Masonic Lodge in his esoteric work as
being " dedicated to the Holy Saints John." This,
at all events, is now the universal practice, and the
language used by Webb becomes contradictory and
absurd when compared with the fact that the festi-

name itself doth sufficientlyjshow : inasmuch as by plain grammatical con-
struction, church doth signify no other thing than the Lord's house. And
because the multitude of persons, so of things particular, causeth variety o!
proper names to be devised for distinction's sake, founders of churches did
that which best liked their own conceit at the present time, yet each intend
tng that as oft as those buildings came to be mentioned, the name should
seem in mind of some memorable person or thing." — EcclesiasL, P6L
B.v.lZ.

* At the union, in 1813, the Grand Lodge of England changed the dedi-
vation from the two Saints John to Solomon and Moses. But this unwar-
rantable innovation has never been acknowledged in America nor elsewhere
out of the English jurisdiction — not always indeed by the Lodges in it,

WARRANTED LODGES.

298

vals of both saints are equally celebrated by the
Order, and that the 27th of December is not less a
day of observance in the Order than the 24th of
June.*

The ceremony of dedication is merely the enun-
ciation of a form of words, and this having been
done, the Lodge is thus, by the consecration and
dedication, set apart as something sacred to the
cultivation of the principles of Masonry, under that
peculiar system which acknowledges the two Saints
John as its patrons.

3. The Constitution. — The consecration and dedi-
cation may be considered as the religious formula-
ries which give a sacred character to the Lodge,
and by which it is to be distinguished from a pro-
fane association, intended only for the cultivation
of good fellowship. The ceremony of constitution
which immediately follows, is of a legal character.
It is intended to give legality to the Lodge, and
constitutional authority to all its acts. It is of
course dependent on the preceding ceremonies ; for
no Lodge can be rightfully constituted until it has
been consecrated and dedicated. The two prelimi-
nary ceremonies refer to the place, the last to the
persons assembled. The Lodge is consecrated and
dedicated as a place wherein the science of Free-
masonry is to be cultivated. The members then

* The formula of dedication used in the Book of Constitutions of the Grand
Lodge of South Carolina corrects the phraseology of Webb in this respect,
and is therefore, I think, to be preferred : " To the memory of the Holy
Saints John we dedicate this Lodge. May every brother revere their charao
ter and imitate their virtues."

294

ORGANIZATION OP

present and their successors are authorized to culti-
vate that science in the legal and acknowledged
mode. The ceremony of constitution is a simple
one, and consists merely in the enunciation of the
fact by the Grand Master, or his special proxy under
his authority, and as the organ of the Grand Lodge,
which body alone can give this legal character to
an assembly of Masons. In England, Grand Mas
ters have the power of granting warrants of consti-
tution ; and hence in Preston's formula the Lodge is
constituted by that officer in his own name and
character, but in America the power of constituting
Lodges is taken from him, and vested solely in
Grand Lodges, and hence the formula adopted by
Webb expresses that fact, and the Grand Master
constitutes the Lodge " in the name of the Most
Worshipful Grand Lodge." By this ceremony the
Lodge is taken out of its inchoate and temporary
condition as a Lodge under dispensation, and is
placed among the permanent and registered Lodges
of the jurisdiction.

4. The Installation. — The Lodge having been
thus consecrated to the uses of Masonry, and dedi-
cated to the patrons of the Order, and its members
constituted into a legal Masonic organization, it is
now necessary that the officers chosen should be duly
invested with the power to exercise the functions
which have been confided to them. The ceremony
by which this investiture is made is called the
installation.

The custom of inducting an officer into the sta^

WARRANTED LODGES.

295

tion to which he has been elected by some cere-
mony, however simple, has been observed in every
association. The introduction of the presiding
officer of a profane society into the chair which he
is to occupy, by one or more of the members, is, in
every essential point, an installation. In the church,
the ceremony (differing, as it must, in every denomi-
nation,) by which a clergyman is inducted into his
pastoral office, or a bishop placed in his see, is in
like manner a species of installation, all of which
forms find their type in the inauguration of the
Augurs in ancient Rome into their sacred office.*
A similar usage prevails in Masonry, where it has
always been held that an officer cannot legally per-
form the duties of his office until he has been in-
stalled into office. As in the Roman inauguration
the rite could only be performed by an Augur,
(whence the derivation of the word,) so in Masonry
the ceremony of installation can only be performed
by a Past Master, and in the installation of the offi-
cers of a new Lodge, by the Grand Master or some
Past Master, who has been especially deputed by
Lim for that purpose.

Preston says that the Deputy Grand Master usu-
ally invests the Master, the Grand Wardens invest
the Wardens, the Grand Treasurer and Grand
Secretary the Treasurer and Secretary, and the
Grand Stewards the Stewards. But this usage

* A reference to Smith (Diet of Greek and lioman Ant) will show
how much the inauguration of the Augurs resembled in all its previsions the
Masonic installation.

296

ORGANIZATION OP

is not observed in America, where all the officers
are installed and invested by the same installing
officer, whether he be the Grand Master or a Past
Master.

The ceremony of installing the subordinate offi-
cers consists simply in the administration of an obli-
gation for the faithful discharge of the duties of the
office^with the investment of the appropriate jewel,
and the delivery of a short charge. But in the in-
stallation of the Master, other ceremonies are
added. He is required to signify his assent to cer-
tain propositions which contain, as it were, the Ma-
sonic confession of faith ; and he is also invested
with the Past Master's degree. All the writers on
the subject of installation concur in the theory that
the conferring of the Past Master's degree consti-
tutes an integral part of the installation ceremony.
The language of the oldest ritual that lias been
preserved, that of the Duke of Wharton, hints at
the fact that there was some secret ceremony at-
tached to the exoteric formula of installation,* and
the hint thus given has been fully developed by
Preston, who expressly states that the new Master
is " conducted to an adjacent room, where he is
regularly installed and bound to his trust in ancient

* " Then the Grand Master, placing the candidate on his left hand, having
asked and obtained the unanimous consent of all the brethren, shall say, ]
constitute and fcxm these good brethren into a new Lodge, and appoint you
the Master of it, not doubting of your capacity and care to preserve the
cement of the Lodge, &c, wWi some other expression that are proper and
usual on Vial occasion, but not proper to be uriWen."-^ Anderson, firs!
edit., p. 71.

WARRANTED LODGES.

297

form, in the presence of at least three installed Mas-
ters." I cannot, therefore, hesitate to believe, from
the uniform concurrence of all authorities, that the
investiture with the Past Master's degree consti-
tutes an essential part of the ceremony of installa-
tion, and is actually necessary to its legality as a
completed act.

It is usual, in case of the absence of any one of
the officers who is to be installed, for some other
brother to assume his place, and, acting as his proxy,
to make the usual promises for him, and in his be-
half to receive the charge and investiture. Long
and uninterrupted usage would seem alone sufficient
to sanction this practice, (however objectionable it
may, in some respects, be deemed,) but it has also
the authority of ancient law ; for the thirty-sixth
of the Regulations of 1721 prescribes that when
the Grand Master elect is absent from the grand
feast, that is to say, on the day of installation,
the old Grand Master may act as his proxy, per-
form his duties, and in his name receive the usual
homage.

The Lodge thus consecrated, dedicated and con-
stituted, with its officers installed, assumes at once
the rank and prerogatives of a warranted Lodge .
The consecration, dedication and constitution, are
never repeated, but at every subsequent annual elec-
tion, the installation of officers is renewed. But
on these occasions it is no longer necessary that the
Grand Master or his proxy should act as the install-
ing officer. This duty is to be performed by the

13*

298 ORGANIZATION OF WARRANTED LODGES.

last Master, or by any other Past Master acting in
his behalf ; for, by the warrant of constitution, the
power of installing their successors is given to the
officers therein named, and to their successors, so
that the prerogative of installation is Derpetually
ves^d in the last officers.

CHAPTER II

Ctie fttflftts of Sttfiorirtnate SLo&ses*

From what has already been said in the preced-
ing chapter concerning the organization of Lodges,
it is evident that there are in the Masonic system
two kinds of Lodges, each organized in a different
way, and each possessing different rights and pre-
rogatives. The Lodge working under a dispensa-
tion, and the Lodge working under a warrant of
constitution, differ so widely in their character, that
each will require a distinct section for the con-
sideration of its peculiar attributes.

SECTION I.

THE RIGHTS OF LODGES UNDER DISPENSATION.

It follows, as a necessary deduction, from what
has already been said of the organization of Lodges
under a dispensation, that such bodies are merely
temporary in their nature, subject to the will of the
Grand Master for their continuance, and acting
during their existence simply as his proxies, for the

300

RIGHTS OF LODGES

purpose of exercising a right which is inherent in
him by the ancient Landmarks, that,namely, of con-
gregating Masons to confer degrees.* The ancient
records do not throw any light on this subject of
Lodges under dispensation. It appears from the
Old Regulations that the power of constituting a
Lodge at once, without any probationary dispensa-
tion, was originally vested in the Grand Master ;
and the brief ceremony of constituting a new Lodge,
to be found in the first edition of the Book of Con-
stitutions, as well as that more enlarged one con-
tained in the second edition of the same work,f
was drawn up in accordance with the principle that
the power of original constitution was vested in the
Grand Master. But in this country the law has
been differently interpreted, and the power of con-
stituting Lodges having been taken from, or rather
tacitly surrendered by Grand Masters, it has been
assumed by Grand Lodges alone. Hence Grand
Masters, in exercising the power of granting dis-
pensations to open and hold Lodges, have fallen
back for their authority to do so on that ancient
Landmark which makes it the prerogative of the
Grand Master to summon any legal number of
brethren together, and with them to make Masons.
A Lodge under dispensation is therefore simply the
creature or proxy of the Grand Master — congrega-

* I have fully discussed this Landmark in the present work — Book I., p
22-23 — to which I refer the reader.

f See Anderson's Constitutions, first edit., 1723, p. 70 ; and second edit.
J738 t».HJ»

UNDER DISPENSATION. 301

ted for a temporary and special purpose (for it is
admitted that the dispensation may be revoked the
next day), or if intended to continue until a war-
rant is granted, then only an inchoate Lodge — an
assemblage of Masons in the state or condition pre-
paratory to the formation of a regular Lodge.*
But as the Landmarks give the Grand Master the
right or prerogative of congregating his brethren
for the purpose of making Masons only, and as it
confers on him no power of making laws, or per-
forming any other acts which exclusively reside in
a perfect and complete Lodge, it is evident that his
creature, the Lodge which derives its existence from
his dispensation, can possess.no prerogatives which
did not originally vest in its creation. The Grand
Master cannot give to others that which he does
not himself possess. The prerogatives of a Lodge
under dispensation are therefore very limited in
their nature, as will appear from the following
summary :

1. A Lodge under dispensation cannot be repre-
sented in the Grand Lodge.t The twelfth of the

* The Committee of Foreign Correspondence of the Grand Lodge of New
York, in 1851, gave the following definition of Lodges under dispensation :
u They are not considered 1 Lodges' within the meaning of that clause, until
warranted. They are only in the incipient stage of forming a Lodge. The
officers do not receive installation under dispensation. They are not con-
sidered ' members of the Grand Lodge' within the meaning of our constitution,
until they have received a warrant, and their Lodge has been regularly con-
stituted, and its officers regularly installed." — Proo> G. L. of New York%
1851, p. 149.

f It will be unnecessary to cite any authorities in support of this principle,
as the uniform usage of every Grand Lodge has always been in accordance
with it

302

BIGHTS OF LODGES

Regulations of 1721 defines the Grand Lodge as
consisting of the " Masters and Wardens of all the
particular Lodges upon record" and the seventh of
the same Regulations intimates that no Lodge was
to be registered or recorded until a warrant for it
had been issued by the Grand Master. But it has
already been shown that the old power of granting
warrants by the Grand Master is now vested solely
in the Grand Lodge ; and hence all that is said in
these or any other ancient Regulations, concerning
Lodges under warrant by the Grand Master, must
now be applied to Lodges warranted by the Grand
Lodge, and therefore the twelfth Regulation is to
be interpreted, under our modern law, as defining
the Grand Lodge to consist only of the Masters and
Wardens of Lodges which have received warrants
from the Grand Lodge. Lodges working under the
dispensation of the Grand Master constitute, there-
fore, no part of the Grand Lodge, and are conse-
quently not entitled to a representation in it.

2. A Lodge under dispensation cannot make by-
laws. This is a power vested only in those Lodges
which, being of a permanent nature, constitute a
part of the Masonic authority of the jurisdiction.
Lodges under dispensation being of a temporary
nature, liable at any moment to be arrested in their
progress, and to have their very existence annulled
at the mandate of a single man, are incapable of
exercising the high prerogative of making by-laws
or a constitution, the very enactment of which im-
plies a permanency of organization. But, it may be

^UNDER DISPENSATION.

303

asked, are such bodies then to be without any code
or system of regulations for their government ? I
answer, by no means. Like all other assemblies of
Masons, congregated for a temporary period, and
for the performance of a special Masonic duty, they
are to be governed by the Ancient Landmarks, the
General Regulations of the Order, and the specific
constitutions of the Grand Lodge under whose juris-
diction they are placed. I have noticed, it is true,
in the proceedings of some Grand Lodges, that the
by-laws of Lodges under dispensation have been
submitted for approval, but such is not the general
usage of the fraternity ; nor can I understand how
a body, admitted not to be a Lodge, but only a
quasi, or inchoate Lodge, can, during its temporary
and indefinite existence, enact a code of by-laws
which, if of any value, must necessarily be intended
for a permanent constitution. I have never yet
happened to examine the by-laws of a lodge under
dispensation, but it is evident that unless such a
body has transcended the powers delegated to it by
the Grand Master, and assumed for itself a perma-
nent organization, these by-laws must be entirely
confined to the mode of making Masons, for this is
the only prerogative which the dispensation vests
in such a body.

3. A Lodge under dispensation cannot elect ofii
cers. The very instrument of dispensation to which
it is indebted for its existence, has nominated the
officers who are to govern it as the agents of the
Grand Master. From him alone they derive their

304

RIGHTS OF LODGES

authority, and by him alone can they be displaced
or others substituted in their stead.* The Grand
Master has delegated certain powers to the persons
named in the dispensation, but they cannot in turn
delegate these powers of acting as Master and
Wardens to any other persons ; for it is an estab-
lished principle of law that a delegated authority
cannot be re-delegated — delegata potestas non potest
delegari. But for the Master and Wardens to re-
sign their offices to others who had been elected by
the Lodge, would be just such a re-delegation as is
forbidden by the law, and hence a Lodge under dis-
pensation cannot elect its officers. They are the
appointees of the Grand Master.

4. It follows, from the nature of the organization
of a Lodge under dispensation, that it cannot install
its officers. This is indeed a ritualistic law, for the
installation of officers is an inherent and indivisible
part of the ceremony of constitution,! and it is self-
evident that a Lodge under dispensation cannot,

* " Lodges under dispensation cannot change their officers without the
special approbation and appointment of the Grand Lodge."— Webb, Free-
mason's Monitory p. 97, ed. 1808. He should have said," Grand Master:''
But in Webb's day, if his authority is to be depended on, dispensations were
in most jurisdictions issued only by the Grand Lodge, a usage that has now
been universally abandoned, if it ever existed, of which I have some doubt.
The principle, however, so far as it affects the text, is the same. The offi*
cers can only be changed by the power that grants the dispensation.

f The petition sent to the Grand Master by the members of the new Lodge
which is to be constituted, as it is contained in Webb, states that " they
Jiave obtained a charter of constitution, and are desirous that their Lodge
should be consecrated and their officers installed, agreeably to the ancient
usages and customs of the craft." — Webb, Mon., p. 99. The constitution
and consecration ar** <hns made conditions precedent to the installation

UNDER DISPENSATION.

305

while in this inchoate condition, be constituted ; for
a constituted Lodge under dispensation would be a
contradiction in terms ; besides, no officer can be
installed unless he has been elected or appointed
for a definite period. But the Master and Wardens
of a Lodge under dispensation are appointed for an
indefinite period, that is, during the pleasure of the
Grand Master, and are not, therefore, qualified for
installation.

5. A Lodge under dispensation cannot elect mem-
bers. Candidates may be elected to receive the
degrees, but the conferring of the third degree in a
Lodge under dispensation does not at the same time
confer membership, or a right to membership, as
occurs, under similar circumstances, in a Lodge
working under a warrant of constitution. This
arises from the inchoate and imperfect nature of
such a Lodge. It is simply a temporary organiza-
tion of Masons for a specific purpose. A Lodge
under dispensation is, in every sense of the word,
what the old records of England call an " occasional
Lodge." convened by the Grand Master for one pur-
pose, and no other. There is no authority in the
instrument that convened them to do anything else
except to make Masons. They are brought to-
gether under the mandate of the Grand Master for
this purpose only, so expressed, definitely and posi-
tively, in the plainest and most unequivocal lan-
guage. They are not congregated to make by-laws,
to elect members, to frame laws — in short, to do
anything except " to enter, pass, and raise Free-

306 RIGHTS OF LODGES

masons."* If they proceed to the transaction of
any other business than this, or what is strictly in-
cidental to it, they transcend the authority that has
been delegated to them. Hence, as a Lodge under
dispensation derives all its prerogatives from the
dispensation only, and as that instrument confers no
other power than that of making Masons, it follows
that the prerogative of electing members is not con-
ferred upon it. The candidates who have received
the degrees in such a Lodge, partake of its imperfect
and preliminary character. If the Lodge at the
proper time receives its warrant of constitution,
they then become members of the completed Lodge.
If the dispensation, on the contrary, is revoked,
and the Lodge dissolved, they are Masons in good
standing, but unaffiliated, and are not only permit-
ted, but it becomes their duty, to apply to some
regular Lodge for affiliation.

6. This power of electing candidates to take the
degrees in a Lodge under dispensation, is, however,
confined to the Master and Wardens. These offi-
cers only are named in the dispensation — they only
are the proxies or representatives of the Grand
Master — they only are responsible to him for the
faithful execution of the power temporarily vested

* Webb does not give the form of the dispensation, but it will be found in
Cole, {Freemason 's Library, p. 9, 1817,) where it is issued to the Master
only, authorizing him to congregate a sufficient number of brethren for the
purpose of opening a Lodge, "and in the said Lodge, while thus open, to
admit, enter and make Freemasons." More recently the dispensations hava
been issued to a Master and twD Wardens, but the intent of the instrnmen
still remains the same.

UNDER DISPENSATION.

307

in them. All Masons who aid and assist them in
conferring the degrees are extraneous to the dispen
sation, and act, in thus assisting, precisely as the
visitors to a constituted Lodge might do, who should
be called upon to aid the regular officers and mem-
bers in the discharge of their duties. The corollary
from all this is, that in a Lodge under dispensation,
none but the Master and Wardens have a right to
elect candidates.

I say a right, because I believe that such is the
law, as a necessary and unavoidable inference from
the peculiar organization of Lodges under dispensa-
tion. But it is not always proper or courteous for
us to put ourselves on our reserved rights, and to
push the law with rigor to its utmost limit. When
a certain number of brethren have united themselves
together under a Master and Wardens acting by
dispensation, with the ulterior design of applying
for a warrant of constitution and forming them-
selves into a regular Lodge, although they have no
legal right to ballot for candidates, the selection of
whom has been intrusted by the Grand Master to
the three officers named in the dispensation for that
especial purpose ; yet as the choice of those who
are hereafter to be their associates in the future
Lodge, must be a matter of interest to them, ordi-
nary courtesy, to say nothing of Masonic kindness,
should prompt the Master and Wardens to consult
the feelings of their brethren, and to ask their
opinions of the eligibility of the candidates whe
apply to be made Masons. Perhaps the most expe«

308

POWERS OP LODGES WORKING

ditious and convenient mode of obtaining this ex-
pression of their opinions is to have recourse to a
ballot, and to do so, as an act of courtesy, is of
course unobjectionable.

I am perfectly aware that it is the general rule
for all the brethren present to ballot for candidates
in Lodges under dispensation ; but the question is
not, what is the usage, but what is the law which
should govern the usage ? The balloting may take
place in such a Lodge, but it must be remembered,
if we are to be governed by the principles and in-
ferences of law, that each brother, when he deposits
his ball, does so, not by any legal right that he pos-
sesses, but simply by the courtesy of the Master and
Wardens, who have adopted this convenient method
of consulting the opinions and obtaining the counsel
of their brethren, for their own satisfaction. All
ballots held in a Lodge under dispensation are,
except as regards the votes of the Master and
Wardens, informal.

SECTION n.

THE POWERS OF LODGES WORKING UNDER WARRANTS OF
CONSTITUTION.

The ritual defines a Lodge to be " an assemblage
of Masons, duly congregated, having the Holy Bible,
square and compasses, and a charter or warrant of
constitution authorizing them to work." Now, the
latter part of this definition is a modern addition,

UNDER WAURANrs OF CONSTITUTION. 309

for anciently no such instrument as a warrant of
constitution was required ; and hence the Old
Charges describe a Lodge simply as " a duly organ-
ized society of Masons."* Anciently, therefore,
Masons met and performed the work of Masonry,
organizing temporary Lodges, which were dissolved
as soon as the work for which they had been con-
gregated was completed, without the necessity of a
warrant to legalize their proceedings. But in 1717,
an organization of the Grand Lodge of England
took place, at which time there were four Lodges
existing in London, who thus met by inherent right
as Masons. As soon as the organization of the
Grand Lodge had been satisfactorily completed,
the four Lodges adopted a code of thirty-nine
Regulations, which, like the Magna Charta of the
English barons, was intended, in all times there-
after, to secure the rights and privileges of the
fraternity from any undue assumptions of power on
the part of the Grand Lodge. Having accomplished
this preliminary measure, they then, as the legal
representatives of the craft, surrendered, for them-
selves and their successors, this inherent right of
meeting into the hands of the Grand Lodge ; and
the eighth Regulation then went into operation,
which requires any number of Masons who wish
to form a Lodge, to obtain, as a preparatory step,
the Grand Master's warrant or authority. t At

* See Old Charges in Anderson, first ed., p. 51.

f See the history of these events in Preston, (Oliver's ed.) pp. 182-185.
Preston says that the warrant of the Grand Master required " the consenl

310

POWERS OF LODGES WORKING

the game time other prerogatives, which had always
vested in the craft, were, by the same regulations,
surrendered to the Grand Lodge, so that the rela-
tive position of the Grand Lodge to its subordi-
nates, and of the subordinate Lodges to the Grand
Lodge, has, ever since the year 1717, been very dif-
ferent from that which was previously held by the
General Assembly or Annual Grand Lodge to the
craft.

The first and the most important deduction that
we make from this statement is, that whatever
powers and prerogatives a Lodge may now possess,
are those which have always been inherent in it by
the Ancient Landmarks of the Order. No new
powers have been created in it by the Grand Lodge.
The Regulations of 1721 were a concession as well
as a reservation* on the part of the subordinate
Lodges. The Grand Lodge was established by the

and approbation of the Grand Lodge in communication, and he quotes a
regulation to that effect ; but I find no such qualification in Anderson, or any
of the subsequent editions of the Constitutions. The eighth Regulation dis-
tinctly says that the petitioners " must obtain the Grand Master's warrant,"
without any subsequent allusion to the confhmatory action of the Grand
Master. But as the Grand Lodge always exercised the prerogative of strik
ing Lodges off the registry, we may suppose that it had the power of a veto
on the action of the Grand Lodge. Still the language of the Regulations of
1721 lead us everywhere to believe that a Lodge was completely constituted
by the warrant of the Grand Master. Such still continues to be the regula-
tion in England. Thus the modern Constitutions of the Grand Lodge ol
England prescribe that a dispensation may be granted by the Provincial
Grand Master, until " a warrant of constitution shall be signed by the Grand
Master." — Const, of G. L. of Eng., p. 123. But in this country, as I have
already shown, warrants must emanate from the Grand Lodge.

* A concession of some rights, such as that of granting warrints, and a
reservation of others, such as that of admitting members.

UNDER WARRANTS OF CONSTITUTION. 311

fraternity for purposes of convenience in govern-
ment. Whatever powers it possesses were yielded
to it freely and by way of concession by the frater-
nity, not as the representatives of the Lodges, but
as the Lodges themselves, in general assembly con-
vened.* The rights, therefore, which were conceded
by the Lodges they have not, but whatever they did
not concede, they have reserved to themselves, and
they claim and exercise such rights, not by grant
from the Grand Lodge, but as derived from the
ancient Landmarks and the old Constitutions of the
Order. This axiom must be constantly borne in
mind, as it will be necessary for the elucidation of
many points of Masonic law, concerning the rights
and powers of subordinate Lodges.

In an inquiry into the rights and powers of a
Lodge, it will be found that they may be succinctly
considered under fourteen different heads. A
Lodge has a right —

I. To retain possession of its warrant of consti-
tution.

If. To do all the work of ancient craft Masonry.

III. To transact all business that can be legally
transacted by regularly congregated Masons.

IV. To be represented at all communications of
the Grand Lodge.

Y. To increase its numbers by the admission of
new members.

* The first meetings of the Grand Lodge in 1717, and nntil the adoption of
the thirty-nine Regulations in 1721, were meetings, not of the Masters and
Wardens only, but of the whole craft. There is abundant eridence of this in
Anderson and Preston*

&\2 " POWERS OF LODGES WORKING

YL To elect its officers.

VII. To install its officers after being elected.

VIII. To exclude a member, on cause shown
temporarily or permanently, from the Lodge.

IX. To make by-laws for its local government.

X. To levy a tax upon its members.

XI. To appeal to the Grand Lodge from the de
cision of its Master.

XII. To exercise penal jurisdiction over its own
members, and on unaffiliated Masons living within
the limits of its jurisdiction.

XIII. To select a name for itself.

XIV. To designate and change its time and
place of meeting.

Each of these prerogatives is connected with cor-
relative duties, and is restricted, modified and con-
trolled by certain specific obligations, each of which
requires a distinct and careful consideration.

I. A Lodge has the right to retain possession of its
warrant of constitution. In this respect we see at
once a manifest difference between a warranted
Lodge and one working under a dispensation. The
latter derives its authority from the Grand Master,
and the dispensation, which is the instrument by
which that authority is delegated, may at any time
be revoked by the officer from whom it emanated.
In such an event there is no mode of redress pro-
vided by law. The dispensation is the voluntary
act of the Grand Master, is' granted ex gratia, and
may be withdrawn by the same act of will which
first prompted the grant. There can be no appeal

UNDER WAEKANTS OP CONSTITUTION. 313

from such an act of revocation, nor can any Masonic
tribunal require that the Grand Master should show
cause for this exertion of his prerogative.

But the warrant having been granted by the
Grand Lodge, the body of Masons thus constituted
form at once a constituent part of the Grand
Lodge. They acquire permanent rights which can-
not be violated by any assumption of authority, nor
abrogated except in due course of Masonic law.
The Grand Master may, in the conscientious dis-
charge of his duty, suspend the work of a chartered
Lodge, when he believes that that suspension is
necessary for the good of the Order ; but he cannot
recall or revoke the warrant. From that suspen-
sion of work there is of course an appeal to the
Grand Lodge, and that body alone can, on cause
shown, and after due and legal investigation, with-
draw or revoke the warrant.*

When a Grand Master thus suspends the labors
of a Lodge, he is usually said " to arrest the war-
rant" There is no objection to the phrase, if its
signification is properly understood. " To arrest
the warrant of a Lodge" is simply to forbid its conv
munications, and to prevent its members from con-

* " No warrant of a Lodge can be forfeited except upon charges regularly
made in Grand Lodge, at its annual communication, of which due notice
shall be given the Lodge, and an opportunity of being heard in its defence ;
but it may be suspended by the Grand Lodge or Grand Master, or Deputy
Grand Master, at any time, upon proper cause shown, which suspension
shall not extend beyond the next annual communication." — Oortst. Grand
Lodge of New York, §19. This, with the prerogative of suspension con-
ferred upon the Deputy, and which is merely a local law of New Yoik,
seems to be the settled law upon the subject.

314 POWERS OF LODGES WORKING

gregating for the purposes of Masonic labor or
business, under the authority of the warrant. But
otherwise the condition of the Lodge remains un-
changed. It does not forfeit its funds or property,
and its members continue in good standing in the
Order ; and should the decree of arrest by the
Grand Master be reversed by the Grand Lodge, it
resumes its functions just as if no such suspension
or arrest had occurred. I have ao doubt that the
Grand Master cannot demand the delivery of the
warrant into his custody ; for having been intrusted
to the Master, Wardens, and their successors, by the
Grand Lodge, the Master, who is the proper cus-
todian of it, has no right to surrender it to any one,
except to that body from whom ; K emanated. The
l< arrest of the warrant" is only a decree of the
Grand Master in the character of an injunction, by
which he forbids the Lodge to m^et until the com-
plaints preferred against it can be investigated and
adjudicated by the Grand Lodge.

The laws of Masonry provide only two ways in
which the warrant of constitution of a Lodge can
be forfeited, and the Lodge dissolvedt The first of
these is by an act of the Grand Lodge, after due
trial. The offences which render a Lodge liable to
this severe penalty are enumerated in the Constitu-
tion of the Grand Lodge of New York,* as being i
1. Contumacy to the authority of the Grand Mas
ter or Grand Lodge. 2. Departure from the ori
ginal plan of Masonry and Ancient Landmarks

* Constitution G. L. of New York, § 17.

UNDER WARRANTS OF CONSTITUTION. 315

3. Disobedience to the constitutions. And 4. Ceas-
ing to meet for one year or more. To these I am
disposed to add, 5. The indiscriminate making of
immoral candidates, whereby the reputation of
the institution in the vicinity of the Lodge is im-
paired.

The second mode by which a Lodge may be dis-
solved is by a voluntary surrender of its warrant.
This must be by the act of a majority of the mem-
bers, and at a communication especially called for
that purpose. But it has been held that the Master
must concur in this surrender ; for, if he does not,
being the custodian of the instrument, it cannot be
taken from him, except upon trial and conviction
of a competent offence before the Grand Lodge.

As the warrant of constitution is so important an
instrument, being the evidence of the legality of the
Lodge, it is essentially necessary that it should be
present and open to the inspection of all the mem-
bers and visitors at each communication of the
Lodge. The ritual requires that the three great
lights of Masonry should always be present in the
Lodge,* as necessary to its organization as a just

* I cannot refrain from quoting here, although not strictly a legal subject,
the beautiful language of the Committee of Foreign Correspondence of the
Grand Lodge of New Jersey, in 1849 :

" The Bible is found in every Masonic assembly. Nor is it there as a
slighted and neglected symbol of the Order. Upon its pages often rests the
hand and falls the eye of the candidate from the moment the first star of
Masonry rises upon his vision to ' the breaking of the dominion of the infidel
over the Holy Sepulchre, by the tried steel and strong arm of valorous
knight'. To the authority of that volume Masonry appeals for the solemnity
of her obligations and the purity of her principles. It shines in her temples

316

POWERS OF LODGES WORKING

Lodge. Equally necessary is the warrant of con-
stitution to its organization as a legal Lodge ; and
therefore if the warrant is mislaid or out of the
room at the time of opening, it is held by Masonic
jurists that the Lodge cannot be opened until that
instrument is brought in and deposited in a con-
spicuous place, the most usual, and perhaps the most
proper, being the pedestal of the Master.

Hence, too, as the warrant is the evidence of the
legality of a Lodge, every Mason who desires to
visit a Lodge for the first time is entitled to an in-
spection of this instrument, nor should any Mason
ever consent to visit a strange Lodge until he has
had an opportunity of examining it. The refusal
to submit it to his inspection is in itself a suspicious
circumstance, which should place him on his guard,
and render him at once averse to holding communion
of a Masonic nature with persons who are thus un-
willing, and, it may be, unable to produce the evi-
dence of their legal standing.

II. A Lodge has the right to do all the work of
ancient craft Masonry. This is the principal object
for which the Lodge was constituted. Formerly,
Lodges were empowered to exalt their candidates to
the Royal Arch degree, but since the beginning of
this century this power has been transferred in thio'
country to Chapters, and a Lodge is now only
authorized to confer the three degrees of symbolic

as the first and brightest of her jewels, and the durable texture of all her
royal and beautiful vestments is woven cf the golden threads of its sublimes*
truths and most impressive passages.1'

UNDER WARRANTS OP CONSTITUTION. 317

Masonry, and also, at the time of installation, to in-
vest its Master with the degree or order of Past
Master. But this power to do the work of Masonry
is restricted and controlled by certain very im-
portant regulations, most of which, having been
already amply discussed in a preceding part of
this work, need only to be referred to on this
occasion.

1. The candidate upon whom the Lodge is about
to confer any of the degrees of ancient craft Ma-
sonry, must apply by petition, duly recommended :
for no Lodge has the right to intrude the secrets of
the institution upon any person who has expressed
no anxiety to receive them. All the regulations
which relate to the petition of a candidate have
been discussed in Book II., chapter II., page 122, to
which the reader is referred.

2. The candidate must be possessed of the proper
qualifications, which are prescribed by the laws of
the Order. See Book II., chap. I., pp. 83-121.

3. His application must undergo a ballot, and he
must be unanimously elected. See Book II., chap.
III., pp. 134-148.

4. The Regulations of 1721 prescribe that a
Lodge cannot confer the degrees on more than five
candidates at one time, which last words have been
interpreted to mean at the same communication.
In the second and all subsequent editions of the
Constitution, this law was modified by the qualifica
tion " without an urgent necessity and this seems
to be the view now taken of it by the authorities of

318 POWERS OF LODGES WORKING

the Order, for it is held that it may be set aside hy
the dispensation of the Grand Master.

5. It seems al^o to be a very general regulation
that no Lodge shal ' confer more than one degree on
the same candidate at one communication, unless it
be on urgent necessity, by the dispensation of the
Grand Master. We find no such rule in the General
Regulations of 1721, because there was no necessity
at that time for it, as subordinate Lodges conferred
only one degree, that of Entered Apprentice. But
subsequently, when the usage was adopted of con-
ferring all the degrees in the subordinate Lodges, it
was found necessary, in this way, to restrain the too
rapid advancement of candidates : and accordingly,
in 1753, it was ordered that no Lodge shall " be
permitted to make and raise the same brother at
one and the same meeting, without a dispensation
from the Grand Master." But as no such regula-
tion is to be found in any of the written or unwrit-
ten laws previous to 1717, it can only have such
authority as is derived from the local enactment of
a Grand Lodge, or the usage in a particular juris-
diction. But the usage in this country always has
been opposed to the conferring more than one
degree at the same communication, without a dis-
pensation.*

* Some jurists deny the right of the Grand Master to grant a dispensation
for conferring the three degrees at the same communication. But I know
of no ancient law which supports such a theory, and the records of the Book
of Constitutions show several instances in which it was done in " occasional
Lodges." Besides, the Regulation quoted in the text is an admission that in
cases of emergency, such a dispensation may be granted.

UNDER WARRANTS OF CONSTITUTION. 319

III. A Lodge %s the right to transact all business
-hat can be legally transacted by regularly cxmgregatcd
Masons. This also is one of the objects for which
the warrant was granted, but like the preceding
right already considered, it is to be exercised under
the regulation of certain restrictions.

It seems now to be almost universally conceded
that all mere business (by which word I wish to
make a distinction from what is technically called
" Masonic work.") must be transacted in the third
degree. This is a very natural consequence of the
change which has taken place in the organization
of the craft. Originally, as I have already repeat
edly observed, t_ 3 Fellow Crafts constituted the
great body of the fraternity — the Master's degree
being confined to that select few who presided over
the Lodges. At that time the business of the Order
was transacted in the second degree, because the
possessors of that degree composed the body of the
craft. Afterwards, in the beginning, and up almost
to the middle of the last century, this main body
was made up of Entered Apprentices, and then the
business of Lodges was necesgarily transacted in
the first degree. Now, and ever since the middle
of the eighteenth century, for more than one hundred
years, the body of the craft has consisted only of
Master Masons. Does it not then follow, by a
parity of reasoning, that all business should be
now transacted in the third degree ? The ancient
Charges and Constitutions give us no explicit law
on the subject, but the whole spirit and tenor of

320 POWERS OF LODGES WORKING

Masonic usage has been that the business of Lodges
should be conducted in that degree, the members of
which constitute the main body of the craft at the
time. Whence it seems but a just deduction that
at the present time, and in the present condition of
the fraternity, all business, except the mere ritual
work of the inferior degrees, should be conducted in
the third degree. Another exception must be made
as to the examination of witnesses in the trial of an
Entered Apprentice or a Fellow Craft, which, for
purposes of justice, should be conducted in the de-
gree to which the defendant has attained ; but even
here the final decision should always be made in the
third degree.

In conducting the business of a Lodge, certain
rules are to be observed, as in all other deliberative
bodies ; but these will be more appropriately con-
sidered in a chapter devoted to the discussion of
" rules of order," in a subsequent part of this work.

IV. A Lodge has the right to be represented at aU
communications of the Grand Lodge. I have already
said, in a previous part of this work, that it is a
Landmark of the Order that every Mason has a
right to be represented in all general meetings of
the craft.* The origin of this right is very inti-
mately connected with an interesting portion of the
history of the institution. In former times, every
Mason, even " the youngest Entered Apprentice,"
had a right to be present at the General Assembly
of the craft, which was annually held. And even

' * See ante,n. 27

UNDER WARRANTS OP CONSTITUTION. 321

as late as 1717, on the re-organization of the Grand
Lodge of England, we are informed by Preston that
the Grand Master summoned all the brethren to meet
him and his Wardens in the quarterly communica-
tions.* But soon after, it being found, I presume,
that a continuance of such attendance would render
the Grand Lodge an unwieldy body ;f and the
rights of the fraternity having been securely guarded
by the adoption of the thirty-nine Regulations, it
was determined to limit the appearance of the
brethren of each Lodge, at the quarterly communi-
cations, to its Master and Wardens, so that the
Grand Lodge became thenceforth a strictly repre-
sentative body, composed of the first three officers
of the subordinate Lodges. The inherent right and
the positive duty of every Mason to be present at
the General Assembly or Grand Lodge, was re-
linquished, and a representation by Masters and
Wardens was substituted in its place. A few mo-
dern Grand Lodges have disfranchised the Warden3
also, and confined the representation to the Masters
only. But this is evidently an innovation, having
no color of authority in the Old Regulations.
The right of instruction follows, as a legitimate

* " The Grand Master then entered on the duties of his office, appointed
his Wardens, and commanded the brethren of the four Lodges to meet him
and his Wardens quarterly in communication." — Preston, p. 182.

t Thus Anderson tells us that, in 1721, when the number of the Lodges
were much less than twenty, for that was only the number recorded on the
registry of 1723, " Payne, Grand Master, observing the number of Lodge*
to increase, and that the General Assembly required more room, proposed
the next assembly and feast to be held at Stationers' Hall, Ludgate Street
which was agreed to."— Anderson, second ed., 1738, p. 112.

14*

6u2 POWERS OF LODGES WORKING

corollary, from that of representation, for it is evi-
dent that a Lodge whose instructions to its officers
for their conduct in the Grand Lodge should not be
obeyed, would not, in fact, be represented in that
body. Accordingly the right of instruction is, for
that reason, explicitly recognized in the General
Regulations of 1721 *

Y. A Lodge has the right to increase its numbers
by the admission of new members. The warrant of
constitution having been granted permanently and
for the general objects of Masonry, and not for a
specific purpose and a prescribed period, as is the
case with Lodges under dispensation, the quality of
perpetuity is granted with it as one of the necessary
conditions. But this perpetuity can only be secured
by the admission of new members to supply the
places of those who die or demit.t This admission
may take place either by the initiation of profanes,
who acquire by that initiation the right of member-
ship, or by the election of unaffiliated Masons.
Both of these methods of increasing the members of
a Lodge are controlled by certain regulations, which
have been already discussed in previous portions of
this work, and need not be repeated here. The
reader is accordingly referred, for the subject of

* " The majority of every particular Lodge, when congregated, shall have
the privilege of giving instructions to their Master and Wardens, before the
assembling of the Grand Chapter or Lodge, at the three quarterly com-
munications hereafter mentioned, and of the annual Grand Lodge too ; be-
cause their Master and Wardens are their representatives, and are supposed
to speak their mind."— Regulations of 1721, article x. Anderson, first
edit., page 61.

p fciee Landmark? 10 and 12, Ante, p. 26.

UNDER WARE ANTS OF CONSTITUTION. 328

admission by initiation, to Book III., chap. III.,
sec. I., p. 180, and for that of admission by election
to the succeeding section of the same chapter, p. 196.
The subject of honorary membership has also been
fully discussed in pages 189-192 *

VI. A Lodge has the right to elect its officers. It
is a Landmark of the Order that every Lodge should
be governed by a Master and two Wardens, and
that the secrecy of its labors should be secured by
a tiler. These officers it is the inherent right of
every Lodge to select for itself, and that right has
never been surrendered to the Grand Lodge, and
therefore is still vested in the Lodges, under such
regulations as may from time to time be adopted.
The other officers have been the creation of Grand
Lodge regulations, and they vary in name and
functions in different countries. But whatever may
be the nature of the offices, the power of selecting
the office-bearers is always vested in the Lodges.
There is no law now in existence, nor ever was,
which gives the Grand Lodge the power of selecting
the officers of one of its subordinates

* There is no limit, except convenience, to the number of members of
which a Lodge may consist. Dalcho says that, " more than fifty, when
they can attend regularly, as the rules of the craft require, are generally
found inconvenient for working to advantage." — Ahiman Rezon, 1822, p. 40
I do not understand his objection, as no matter what may be the number of
members present, only a certain poilion of them can take a part in the
labors of the Lodge. Dalcho's estimate, however, exceeds the usual limit in
■his country ; for, taking the Masonic population of ten States Lt random,
namely, Alabama, Arkaasas, California, Connecticut, Delaware, District of
Cplumbia, Florida, Georgia, Illinois and Indiana, I find that the average
population of each Lodge in seven of them falls below fifty members, the
average of the whole ten being only forty-five members to a Lodge.

324

POWERS OF LODGES WORKING

But the mode and time, and many other circum-
stances incidental to the election, are regulated by
the Grand Lodge ; and this apparent interference
with the rights of the Lodges has been wisely con-
ceded, that strict uniformity in Lodge organization
may exist in each jurisdiction, so far as its own
limits extend. These regulations respecting the
officers of subordinate Lodges will be the special
subject of consideration in the following chapter.

VII. A Lodge has the right to install its officers
after being elected. This is a right incidental to the
grant of perpetual succession, which is contained in
the warrant ; for, as by ancient Masonic law and
universal usage, no officer can legally discharge the
functions of the office to which he has been elected,
until he has been regularly inducted into it by the
ceremony of installation, it follows that when a
grant of perpetual succession of officers is made, the
grant carries with it the power of investing all suc-
ceeding officers with the powers and functions of
their predecessors, which investiture is accomplished
in Masonry by the ceremony of installation. But
this power of installation, like all the other powers
of subordinate Lodges, is controlled and directed by
certain Grand Lodge regulations, which it is not in
the power of the Lodge to set aside.

The installation, for instance, must take place at
the communication, immediately before or on the
festival of St. John the Evangelist. This is con-
sidered as the commencement of the Masonic year,
and on that day the old officers vacate their seats,

UNDER WARRANTS OP CONSTITUTION. 325

which are assumed by the new ones. But if by any
circumstance the installation has been omitted until
after this festival, the law having been violated,
and there being no other law which provides for an
installation after that day, the installation can then
only take place by the authority and under the dis-
pensation of the Grand Master.

We have seen, in the preceding chapter, that at
the constitution of a new Lodge, the installation can
only be conducted by the Grand Master, or some
Past Master, acting for and representing him. This
is because on that occasion the installation makes
a part of the ceremony of constitution, which, by
the Old Regulations, can only be performed by the
Grand Master. But all subsequent installations
may be conducted by any Past Master of the Lodge,
or other Past Master representing him ; because
the warrant grants the Master of the Lodge and his
successors the perpetual power of installing their
successors. It is only when the exercise of this
right has been temporarily forfeited by an omission
to install at the regular time, that it becomes neces-
sary to go outside of the warrant, and apply to the
Grand Master for his dispensing power to legalize
the installation at an irregular period.

It lies been supposed by many that when an officer
who has once been installed, is re-elected to the same
office, a repetition of the installation is not neces-
sary; but this neglect of forms, in an institution
which depends so much on them, is, 1 think, of
dangerous tendency, and it is therefore better that

326

POWERS OF LODGES WORKING

the installation should always be repeated. In fact
the omission of it changes, if not practically, at
least theoretically, the tenure by which the re-
elected officer holds his office for the second year.
At his first election he was of course installed ; now
by the law of Masonry, an old officer holds on until
his successor is installed. But in this case he is his
own successor, and if, on his second election, he does
again pass through the ceremony of installation, it
is evident that he holds the office to which he has
been elected, not by the tenure of that election, but
by the tenure by which an old officer retains his
office until his successor is installed. He is not,
therefore, the regularly installed officer for the
year, but the former one, retaining the office in trust
for his successor. The theory of his official position
is entirely changed ; and as the obligation for the
faithful discharge of the duties of the office for the
year on which he has entered has never been ad-
ministered to him, it is a question how far a man,
not strictly conscientious, might feel himself con-
trolled by the promises he had made for the preced-
ing year, and which he might, with sophistry, I
admit, suppose to have been fulfilled at the close of
nis term of office. And although this practical re-
sult might never occur, still, as I have already said,
it is dangerous, in a ceremonial institution like ours,
to neglect the observance of any prescribed form.*

* Lord Coke has wisely said that, " prudent antiquity did, for more so
»cmnity and better memory and observation of that which is to be done, ex
press substances under ceremonies."

UNDER WARRANTS OF CONSTITUTION. 327

VIII. A Lodge has the right to exclude a member^
on cause shown, temporarily or permanently , from
the Lodge. This right, which may be exercised
either by suspension or expulsion, or by simply
striking from the roll, is of so important a nature,
and is controlled by so many qualifying regulations
of the Grand Lodge and the Ancient Constitutions,
which direct or restrict the excluding power, that I
shall postpone the discussion of the subject until, in
a subsequent part of this work, I come to the con-
sideration of Masonic punishments.

IX. A Lodge has the right to make by -laics for its
local government. This right must be considered as
a concession or regrant by the Grand Lodge to the
subordinates of that which had been previously con-
veyed to it. Undoubtedly every congregation of
Masons must originally have possessed an inherent
right to make rules for their government ; but on
the organization of Grand Lodges, the supreme
legislative jurisdiction of the Order was vested in
these bodies. Hence the law-making power is now
admitted to reside primarily in Grand Lodges ; but
a portion of this power — just so much as is neces-
sary for making local regulations — has been re-
conveyed by the Grand Lodges to their subordinate
Lodges, with the qualifying restrictions that all
by-laws made by a Lodge must be in accordance
with the Landmarks of the Order and the Regula-
tions of the Grand Lodge, and must also be submit-
ted for approval to the Grand Lodge. This right,
then, of making by-laws is not an inherent and in

328

POWERS OF LODGES WORKING

dependent right, but one which is derived from
the concession of the Grand Lodge, and may at
any time be still further abridged or altogether
revoked.

It has been suggested in some jurisdictions that th6
Grand Lodge should prepare a uniform code of by-
laws for the government of its subordinates, thus
depriving them of the power of enacting their own
local regulations. I cannot, in view of the theory
just advanced, deny the right of a Grand Lodge to
assume such a power, which seems to be clearly
within its prerogative. And indeed, while some
liberty should be allowed a Lodge to make laws for
its government in certain particulars, which can in
no way affect the general condition of the Order,
such, for instance, as relate to the contributions of
members, the time of meeting, &c, I am clearly
convinced that it would be most expedient for every
Grand Lodge, like that of New York* to leave as
little as possible in the way of law-making to its
subordinates, but to incorporate in its own consti-
tution the most important articles for the govern-
ment of Lodges.

From the fact that the by-laws of a Lodge must
be submitted to the Grand Lodge for its approval
and confirmation, arises the doctrine that a subordi-
nate Lodge cannot, even by unanimous consent, sus-

* " Standard form of by-laws, intended to serve as a guide in the formation
of by-laws for Subordinate Lodges, and subject to such alterations, not Incon-
sistent with the Constitution, as the convenience of the Lodges may dictate'
- Proceed. G. L. of N. 1858, p. 172.

UNDER* WARRANTS OF CONSTITUTION. 329

pend a by-law. As there is no error more commonly
committed than this by unthinking Masons, who
suppose that in a Lodge, as in any other society, a
by-law may be suspended by unanimous consent, it
will not be amiss to consider the question with some
degree of care and attention.

An ordinary society makes its own rules and
regulations, independent of any other body, subject
to no revision, and requiring no approbation out-
side of itself. Its own members are the sole and
supreme judges of what it may or may not enact for
its own government. Consequently, as the mem-
bers themselves have enacted the rule, the members
themselves may unanimously agree to suspend, to
amend, or to abolish it.

But a Masonic Lodge presents a different organi-
zation. It is not self-created or independent. It
derives its power, and indeed its very existence,
from a higher body, called a Grand Lodge which
constitutes the supreme tribunal to adjudicate for
it. A Masonic Lodge has no power to make by-
laws without the consent of the Grand Lodge, in
whose jurisdiction it is situated. The by-laws of a
subordinate Lodge may be said only to be proposed
by the Lodge, as they are not operative until they
have been submitted to the Grand Lodge, and ap-
proved by that body. Nor can any subsequent
alteration of any of them take place unless it passes
through the same ordeal ftf revision and approbation
by the Grand Lodge.

Hence it is evident that the control of the by-

330 POWERS OF LODGES WORKING

laws, rales and regulations of the Lodge, is taken
entirely out of its hands. A certain law has been
agreed on, we will say, by the members. It is sub-
mitted to the Grand Lodge and approved. From
that moment it becomes a law for the government
of that Lodge, and cannot be repealed without the
consent of the Grand Lodge. So far, these state-
ments will be admitted to be correct. But if a
Lodge cannot alter, annul or repeal such law, with-
out the consent of the Grand Lodge, it must neces-
sarily follow that it cannot suspend it, which is, for
all practical purposes, a repeal for a temporary
period.

I will suppose, by way of example, that it is pro-
posed to suspend the by-law which requires that at
the annual election all the officers shall be elected
by ballot, so as to enable the Lodge, on a particular
occasion, to vote viva voce. Now, this law must,
of course, have been originally submitted to the
Grand Lodge, and approved by that body. Such
approbation made it the enactment of the Grand
Lodge. It had thus declared that in that particular
Lodge all elections for officers should be determined
by ballot. The regulation became imperative on
the Lodge. If it determined, even by unanimous
consent, to suspend the rule, and on a certain oc-
casion to proceed to the election of a particular
officer by acclamation or viva voce, then the Lodge
was abrogating for the time a law that the Grand
Lodge had dsclared was binding on it, and estab-
lishing in its place a new one, which had not re

UNDER WARRANTS OF CONSTITUTION. 331

ceivcd the approbation of the supreme tribunal.
Such a rule would therefore, for want of this con-
firmation, be inoperative. It would, in fact, be no
rule at all, or worse, it would be a rule enacted in
opposition to the will of the Grand Lodge. This
principle applies, of course, to every other by-law,
whether trivial or important, local or general in its
character. The Lodge can touch no regulation
after the decree of the Grand Lodge for its con-
firmation has been passed. The regulation has gone
out of the control of the Lodge, and its only duty
then is implicit obedience. Hence it follows that
it is not competent for a subordinate Lodge, even by
unanimous consent, to suspend any of its by-laws.

X. A Lodge has the right to levy a tax upon its
members. Of this tax, which is paid under the name
of " dues" or " quarterage'7 — of the history of its
origin, and of the obligation of a Mason to pay it — -
I have already fully treated on pages 194-195, and
shall only add, that while I reiterate the views
there expressed, that it is a local matter, with which
Grand Lodges should not interfere ; yet it must be
admitted, under the theory advanced in the preced-
ing paragraphs on the subject of by-laws, that a
Grand Lodge has, if it chooses, an unquestionable
right to adopt any regulation controlling the action
of its subordinates, in respect to this tax. The ex-
pediency of enacting such a regulation, and the
right to do so, are two very different things.

XL A Lodge has the right of appeal to the Grand
Lodge from the decision of Its Master. The doctrine

332 POWERS OP LODGES WORKING

of appeal lies at the very foundation of tho demo-
cratic character of the Masonic institution. It is
secured by the Landmarks of the Order ;* and so
far as respects the right of appeal of an individual
Mason, is reiterated in the Charges approved in
1722.f But arguing a fortiori, it is evident that
if an individual has the right of appeal, it must
also be vested in a collective body of individuals.
Accordingly it is admitted to be settled law, that
whenever the Master of the Lodge shall, by his con-
duct, impair the usefulness or destroy the harmony
of the Lodge, or by any unjust decision violate the
rights of the members, the Lodge may appeal from
his injustice and oppression to the Grand Lodge.J

XII. A Lodge has the right to exercise penal juris-
diction over its own members, and over all unaffiliated
Masons living within the limits of its jurisdiction.
This important subject of the penal jurisdiction of
Lodges will be more appropriately discussed when
we come to the consideration of Masonic trials, in
a subsequent part of this work.

XIIL A Lodge has the right to select a name for
itself This is apparently a very unimportant pre-
rogative ; still, as it exists, it is necessary that it
should be enumerated. The Grand Lodge selects
the number, because it is by this that the Lodge is
to be recognized in the registry of the jurisdiction.
But the choice of a name is left to the members,

* See Landmark 13, ante p. 28. f See ante pp. 60 and G2.

$ As the records of every Grand Lodge contain instances in which thfa
•right of appeal has been exercised, it will be unnecessary to cite authorities
here.

UNDER WARRANTS OF CONSTITUTION.

333

This right i3, however, subject to one restriction,
that it shall be approved by the Grand Lodge *
that the credit of the fraternity in every jurisdic-
tion may be guarded from the assumption of absurd
or inappropriate designations by ignorant brethren.
Unless, however, there is something very palpably
objectionable in the name, the Grand Lodge will
hardly ever interfere with its selection. For the
same reason no name can be changed after having
been once adopted, unless with the consent and ap-
probation of the Grand Lodge. t

XI Y. A Lodge has the right to designate and
change its time and place of meeting. As the regula-
tion designating the time of meeting is always in-
serted in the by-laws, it is evident that no change
can be made with respect to it, except with the ap-
probation of the Grand Lodge. But there is also
another restriction on this subject which is derived
from the constant usage of the Order, that a Lodge
shall statedly meet once a month at least. There
is no specific regulation on this subject ; but the

* The Constitution of England says the Grand Master.

f While on this subject of names, it may be remarked, as an historical
fact, that the designation of Lodges by names is a comparatively modern
practice. Formerly they were known by their number, and the place at *
which they were held. Thus we find in the Book of Constitutions, such titles
as these : " No. 9, at the Kings' Arms in New Bond Street," and " No. 19,
at the Vine in Long Acre," or " the Turk's Head Lodge, No. 67," and " the
Kings' Arms Lodge, No. 38," where the nanes are simply those if the
taverns at which the Lodges met Thus, in a registry of one hundred and
six Lodges, contained in the second edition of Anderson, there is not a
single one which has any other designation than that of its number, and the
tavern where the meetings were held. In America, distinctive names begar.
to be given at a much earlier period than in England.

334

POWERS OP LODGES WORKING

general custom of the fraternity, from the beginning
of the last century, has made it obligatory on the
Lodges not to extend the interval of their regular
communications beyond that period. Besides, the
regulations in respect to the applications of candi-
dates for initiation or membership, which require
f( a previous notice of one month," seem to infer
that that was the length of time which intervened
between two stated meetings of the Lodge. In
some jurisdictions it is frequently the case that
some of the Lodges meet semi-monthly ; and indeed
instances are on record where Lodges meet weekly.
This is permissible, but in such cases the regulation
in relation to the petitions of candidates must be
strictly interpreted as meaning that they are re-
quired to lie over for one month, and not from one
regular meeting to the other, which in such Lodges
would only amount to one or two weeks.

A Lodge has also the right to designate its place
of meeting, which, being confirmed by the Grand
Lodge, is inserted in the warrant, and cannot again
be changed, except with the consent of the Grand
Lodge. This refers, of course, to the town or vil-
lage in which the Lodge is situated.* But unless

* " A Lodge may not remove its place of meeting from the city, town or
village named in its warrant ; nor from one place to another in the same city,
town or village, except by a concurrent vote of two-thirds of the members
present, at a meeting to be appointed by the summons to attend such meet'
ing, stating its object, and which summons must be served at least ten days
previous to such meeting ; and such removal from the city, town or village,
must receive the sanction of the Grand Lodge previous thereto." — C( nsL G.
L. of JV. Y. § 20. A similar regulation prevails in almost every Grand
Lodge Constitution in the United States.

UNDER WARRANTS OF CONSTITUTION. 335

there be a local regulation in the constitution of
any particular Grand Lodge to that effect, I know
of no principle of Masonic law, set forth in the
Ancient Landmarks or Regulations, which forbids
a Lodge, upon the mere vote of the majority, frorr
removing from one house to another in the same
town or city. A regulation was adopted in 1724
by the Grand Lodge of England, which required
notice of such removal to be given to the Grand
Secretary ;* and thp antiquity of this law, border-
ing, as it does, on the date of the Regulations of
1721, which are considered to be of general author-
ity, as well as the ordinary principles of courtesy,
would make it obligatory on any Lodge to observe
it. But the Regulations adopted in 1738, on the
subject of removal, which particularly define the
mode in which such removal is to be affected, are
of no authority at present ;+ and unless the Grand
Lodge of any particular jurisdiction has adopted a
regulation forbidding the removal of a Lodge from
one house to another, without its consent, I know
of no law in Masonry of universal force whicli
would prohibit such a removal, at the mere option
of the Lodge.

Such are the powers and prerogatives of a Lodge ;
nor is it to be supposed that prerogatives so numer-
ous and so important would be conferred on any

* See Book of Constitutions, ed. 1759, p. 314.

t These regulations prescribed that the Lodge should not be removed,
except with the Master's concurrence, or by a vote of two-thirds of the mem-
bers, and with the approbation of the Grand Master.

336

POWEltS OF LODGES, ETC.

association without the implied existence of exten-
sive duties. It must, therefore, be remembered that
as the Grand Lodge is the general conservator of
the Masonic character and interests in the whole
territory over which it presides, so each subordinate
Lodge is equally the conservator of the same charac-
ter and interests in its own local jurisdiction. If.
therefore, a Lodge is wise in its selection of laws,
and strict in the exercise of discipline — if it watches
with assiduity over the Landmarks of the Order,
and with prudent foresight prevents the slightest
attempt at an innovation on them — if its members
use the black ball, as the great bulwark of Masonry,
with impartial justice, and give, in their own con-
duct, the best refutation of the slanders of our
enemies — then, and then only — to use the language
of our ritual — will " the honor, glory and reputation
of the institution be firmly established, and the
world at large convinced of its good effects." And
to effect these objects is the great duty of every
subordinate Lodge.

CHAPTER III.

£&e €>fftcers of at a oUrg e»

Hutchinson very properly says, that in our insti-
tution, some must of necessity rule and teach, and
others learn to submit and obey.* Indeed, in all
well-regulated associations, there exists this neces-
sity of a government, which must consist of author-
ity on the one part, and obedience on the other.
Hence it is not to be supposed that a Lodge of
Masons, which its disciples claim to be one of the
most perfect of human institutions, would present
an organization less calculated than that of any
other society to insure the peace and harmony on
which its welfare and perpetuity must depend.
Accordingly a Masonic Lodge, which consists of a
certain number of members, sufficient to carry out
the design of the institution, and yet not so many
as to create confusion, is governed by officers, to
each of whom a particular duty is assigned.

The number and the names of the officers differ,

* " A Charge by the R. W. Master on resigning the chair." Preston
subsequently incorporated the sentiment, and even the words in his Installa-
tion service. Our modern ritual is indebted to Hutchinson for some of ita
best portions.

338 * OFFICERS OF A LODGE.

not only in the different rites, but also in different
jurisdictions of the same rite. Thus the Grand
Lodge of England requires, in addition to the officers
usually recognized in this country, another, who is
called the " Inner Guard," and permits the appoint-
ment of a Chaplain and Master of Ceremonies,
officers who are known in only some of the jurisdic-
tions of America. The Grand Lodge of Scotland
recognizes, among other officers, a " Depute Master"
and a " Substitute Master," and there are a variety
of titles to be found in the French* and German
Lodges which are not used in the York rite.

The officers most usually to be found in an
American Lodge are as follows :

1. Worshipful Master.

2. Senior Warden.

3. Junior Warden.

4. Treasurer.

5. Secretary.

6. Senior Deacon.

7. Junior Deacon.

8. Two Stewards.

9. Tiler*

Of these officers, the Worshipful Master, the two
Wardens and the Tiler, are essential to any Lodge
organization, and are consequently provided for by
the Landmarks. The other offices are of more re-
cent invention ; but we have no knowledge of any

* There is a Chaplain also in many Lodges ; and although I have not
placed such an officer m this list, I shall appropriate a section to the coi>
sideration of his functions.

OFFICERS OF A LODGE.

339

period at which Lodges were not governed by a
Master and two "Wardens, and their portals secured
from intrusion by the vigilance of a Tiler.* Ac-
cordingly, however much the various rites and juris-
dictions may differ in respect to the names and
number of the subordinate officers, they all agree in
requiring the four just named.

It is a law of Masonry that these officers should
be elected annually. All offices in Masonry are held
by annual tenure, which is perhaps derived from the
fact that the General Assembly of the craft was
anciently held annually. This election must also
be held in subordinate Lodges on the festival of
St. John the Evangelist, or at some meeting imme-
diately previous to it. It will be seen hereafter
that the time of the election of the officers of a
Grand Lodge varies in different jurisdictions ; but
I do not know of any country in which the election
of the officers of a subordinate Lodge is made at
any other time of the year than the one just indi-
cated. The Masonic year always and everywhere
begins on the festival of St. John the Evangelist, or^
the 27th of December, and the officers commence
the discharge of their functions on that day. The
election must therefore take place at that time, or
immediately before it, and if by any cause it has
been neglected, it becomes necessary to obtain a
dispensation from the Grand Master for holding
one on a subsequent day. The authority vested in
the Lodge by the warrant of constitution is to

* See Landmarks 10 and 11, ante d. 2G.

340

OFFICERS OF A LODi*£.

Hold the election on the legal and specified day,
and if it is held afterwards, as no power to
order it exists in the Lodge, the authority must be
supplied by the dispensing prerogative of the Grand
Master.*

It has been supposed by some that when a mem
ber has been elected to occupy an office, he canno
refuse to obey the call of his brethren ; and Dr.
Dalcho expressly lays down the rule that " no Free-
mason, chosen into any office, can refuse to serve,
(unless he has before filled the same office,) without
incurring the penalties established by the by-laws."t
There is a great deal of looseness in this enuncia-
tion of an important regulation ; for we are of
course unable to say to what particular by-laws he
refers. No such regulation is to be found in any
of the Ancient Constitutions, and if contained in
the by-laws of a particular Lodge, it is certainly con-
trary to the voluntary spirit of the institution.
Indeed, the whole tenor of the lessons we are taught
in Masonry is, that no one should accept an office
unless he feels that he is fully competent to discharge
its duties ; and hence, if an ignorant and unskillful
brother were chosen to fill the office of a Warden,
it should rather be the duty of the Lodge, in further-
ance of the principles of the' institution, to dis-
courage his acceptance of the trust, than to compe
him, by the threatened infliction of a penalty, to

* The nature and design of dispensations will be hereafter considered
ryhen I come to speak of the prerogaives of a Grand Master,
t Ahiman Ttezon, 1822, p. 156.

OFFICERS OF A LODGE.

341

assume a position whose duties he was convinced
that he could not discharge.

The installation of the officers should follow as
soon as possible after the election. The installation
is the commission under which the officer elected is
entitled to assume his office ; and by ancient usage it
is held that the old officer retains the office until his
successor is installed. Hence, as the term of office
begins on the festival of St. John the Evangelist,
it is evident that the installation, which always fol-
lows the election, should take place on the same
day, or immediately before it. If it has been un-
avoidably postponed until after that day, a dispen-
sation must be obtained from the Grand Officer for
performing it at any subsequent period.

An office terminates in Masonry only in three
ways — by the expiration of the term, by death, or by
expulsion.* Suspension does not vacate an office,
but simply suspends the office-bearer from the privi-
lege of discharging the duties of the office, and
restoration immediately restores him to the enjoy-
ment of all the prerogatives of his office.

It is now held by a large majority of authorities
that an officer, after having once accepted of instal-
lation, cannot resign the office to which he has been
elected. And this seems to be in accordance with
reason ; for, by the installation, the officer promise?
to discharge the functions of the office for the con

* The Grand Lodge of New York (Const 1854, § 39) adds resignation
removal beyond the jurisdiction and suspension. I have assigned, in the text
the reasons why I *.annot assent to this doctrine. '

342

OFFICERS OF A LODGE.

stitutional period, and a resignation would be a
violation of his oath of office, which no Lodge
should be willing to sanction. So, too, when an
officer has removed from the jurisdiction, although
it may be at the time with an intention never to re-
turn, it is impossible, in the uncertainty of human
events, to say how far that intention will be ful-
filled, and the office must remain vacant until the
next regular period of election. In the mean time
the duties are to be discharged by the temporary
appointment, by the Master, of a substitute ; for,
should the regularly elected and installed officer
change his intention and return, it would at once
become not only his privilege but his duty to resume
the discharge of the functions of his office.

In the case of any of the offices, except those of
the Master or Wardens, death or expulsion, which,
it will be remembered, is Masonic death, completely
vacates the office, and an election may be held, pro-
vided a dispensation has been obtained from the
Grand Master for that purpose. But this rule does
not refer to the Master or Wardens ; for it is now
held that on the death of any one of these, the in-
ferior officer assumes the duties of the office ; and
no election can be held, even by dispensation, to
supply the vacancy until the regular period. But
this subject will be more fully discussed when I
come to the consideration of the duties of those
respective officers.

WORSHIPFUL MASTER.

34h

SECTION I.

THE WORSHIPFUL MASTER.

In the whole series of offices recognized by the
Masonic institution, there is not one more important
than that of the Master of a Lodge. Upon the
skill, integrity and prudence of the presiding officer
depend the usefulness and welfare of the Lodge, and
as Lodges are the primary assemblages of the craft,
and by representation constitute the supreme tri-
bunal or Grand Lodge, it is evident that the errors
of government in the primary bodies must, if not
duly corrected, be productive of evil to the whole
fraternity. Hence, in the ceremony of installation,
it was required, as a necessary qualification of him
who was proposed to the Grand Master as the pre-
siding officer of a Lodge, that he should be " of good
morals, of great skill, true and trusty, and a lover
of the whole fraternity, wheresoever dispersed over
the face of the earth."* And it was on such a
recommendation that it was to be presumed that he
would " discharge the duties of the office with
fidelity."

It is proper that such stringent qualifications
should be required of one whose duties are so exten-
sive, and whose rights and prerogatives are so su
preme as those of the Master of a Lodge. But

* Such 13 the language of the Installation service used in 1723 by the Duke
of Wharton See the first edition , of Anderson's Book of Constitutions
page 71.

344

WORSHIPFUL MASTER.

these duties and prerogatives are so numerous and
so complicated that the importance of the subject
requires that each one should receive a separate
consideration.

1. The first and most important prerogative of
the Master is to preside over his Lodge. With this
prerogative are connected many correlative duties,
which may be most properly discussed at the same
time.

As a presiding officer, the Master is possessed of
extraordinary powers, which belong to the presiding
officer of no other association. He presides over
the business, as well as the work or Masonic labors
of the Lodge ; and in all cases his decisions on
points of order are final, for it is a settled principle
of Masonic law that no appeal can be taken to the
Lodge from the decision of the Master. The Grand
Lodge alone can overrule his declared opinion on
any point of order. But this subject has already
been fully discussed in a preceding part of this
work, and to that the reader is referred.*

The Master has the right to convene his todge
at any time, and is the judge of any emergency that
may require a special meeting. t Without his con-
sent, except on the nights of the stated or regular
communications, the Lodge cannot be congregated,
and therefore any business transacted at a called or

* See ante p. 230.

t " The Master of a particular Lodge has the right and authority of con-
gregating the members of his Lodge into a chapter at pleasure, upon any
ftmergency or occurrence, ap well as to, appoint the time and place of their
Dsuai iteming."— Jfrgulations of 1721, Reg.JL, Anderson, p. 59.

W0KSH1PFUL MASTER.

345

special communication, without his sanction or con-
sent, would be illegal and void.

Even at the regular communications of the Lodge,
if the Master I e present, the time of opening is left
to his discretion, for no one can take from the Mas-
ter his prerogative of opening the Lodge. But if
he be absent when the hour of opening which is
specified in the by-laws has arrived, the Senior
Warden, if present, and if not, then the Junior may-
open the Lodge, and the business transacted will be
regular and legal, even without the Master's sanc-
tion ; for it was his duty to be present, and he can-
not take advantage of his own remissness of duty to
interfere with the business of the Lodge.*

The selection of the time of closing is also vested
in the Master. He is the sole judge of the proper
period at which the labors of the Lodge should be
terminated, and may suspend business, even in the
middle of a debate, if he supposes that it is expe-
dient co close the Lodge. Hence, no motion for
adjournment, or to close, or to call off from labor to
refreshment, can ever be admitted in a Masonic

* On this subject, Bro. J. F. Townsend, Deputy Grand Master of Ireland,
makes the following remarks : " It is unfair to call men from their occupa-
tions and pursuits without good reason ; and the goodness of the reason
must be left to the Master's decision. Certainly the Secretary has no right
to convoke the Lodge on emergency, at his own pleasure ; but as the Master,
as well as all the members, is bound by the by-laws, which also provide for the
regular meetings, the "Secretary need not obtain his permission to issue sum-
monses for them. And I think that if the Master were to die or be expelled
the Wardens might convoke the Lodge, since there would then be no Master,
and they, as well as he, are intrusted with the government of it." The duty
of the Master in the government qf a Masonic Lodge*— See Americat
Quart. Rev. of Freemasonry, vol. i p. 196.

346

WORSHIPFUL MASTER.

Lodge. Such a motion would be an interference
with the prerogative of the Master, and could not
therefore be entertained.

This prerogative of opening and closing his
Lodge is necessarily vested in the Master, because,
by the nature of our institution, he is responsible to
the Grand Lodge for the good conduct of the body
over which he presides. He is charged, in those
questions to which he is required to give his assent
at his installation, to hold the Landmarks in venera-
tion, and to conform to every edict of the Grand
Lodge ; and for any violation of the one or disobedi-
ence of the other by the Lodge, in his presence, he
would be answerable to the supreme Masonic au-
thority. Hence the necessity that an arbitrary
power should be conferred upon him, by the exer-
cise of which he may at any time be enabled to
prevent the adoption of resolutions, or the commis-
sion of any act which would be subversive of, or
contrary to, those ancient laws and usages which he
has sworn to maintain and preserve.

From the principle that the Master, when present,
must always preside over his Lodge, arises the rule
that a Masonic Lodge can never, under any circum-
stances, be resolved into a committee of the whole.
" Committees of the whole," says Bro. B. B. French,
who is able authority on the Parliamentary law of
Masonry, " are utterly out of place in a Masonic
body. Lodges can only do business with the Mas-
ter in the chair ; for, let who will preside, he is,
while occupying the chair, Master — invested with

WORSHIPFUL MASTER.

supreme command, and emphatically i governs the
Lodge.' Any committee presupposes a 1 chairman,
and no Freemason would feel at home were he pre
sided over by a 1 chairman.7 This single fact is
conclusive ; and yet," adds Bro. French, " I have
seen, in my day, a Masonic body pretending to be
in committee of the whole. I raised my voice
against it, and believe I convinced my brethren that
they were wrong."*

2. It is the prerogative of the Master, with his
Wardens, to represent his Lodge in the communica-
tions of the Grand Lodge. Originally the whole
craft were not only permitted but required to be
present at the General Assembly, which was an-
nually held ;t and every member of a Lodge was in
this way a member of that body, and was able, by
his personal presence, to protect his rights and those
of his brethren. But soon after the beginning of
the last century, it being found inconvenient to con-
tinue such large assemblages of the fraternity, the
Lodges placed their rights in the protecting care of
their Masters and Wardens, and the Grand Lodge
has ever since been a strictly representative body,
consisting of the Masters and Wardens of the seve-
ral Lodges in the jurisdiction. J

* Application of Parliamentary law to the government of Masonic bodies,
B. B. French.— Amer. Quart. Rev. of Freemasonry, vol. i. p. 323.

t " Every Master and Fellow shall come to the assembly, if it be within
♦ifty miles of him."— Ancient Charges at Makings; see ante p. 52.

% The constitution of the Masonic Order has always been of a strictly de-
mocratic form. At first it was the pure democracy of the ancients, in which
every freeman had a voice in the government. Now it has assumed ths

348

WOKSHIPFUL MASTER.

As fche Grand Lodge is the supreme tribunal of
the jurisdiction — as all its decisions on points of
Masonic law are final — and as there can be no ap-
peal from its judgments — it is evident that it is
highly important that every Lodge should be repre-
sented in its deliberations. The Master and Ward-
ens become, like the old Roman Consuls, invested
with the care of seeing that their constituents re-
ceive no detriment. It is essential, therefore, that
one of them at least, and the Master more particu-
larly, should be present at every communication of
the Grand Lodge ; and accordingly the observance
of this duty is explicitly inculcated upon the Master
at his installation into office.*

3. Another prerogative of the Master of a Lodge
is that of controlling the admission of visitors. He
is required by his installation charge to see that no
visitors be received without passing a due examina-
tion and producing proper vouchers ;t and this
duty he cannot perform unless the right of judgiug
of the nature of that examination and of those
vouchers be solely vested in himself, and the dis-
cretionary power of admission or rejection be placed
in his hands. The Lodge cannot, therefore, inter-
modem form, Id which the power of legislation is delegated to responsible
representatives.

* " You promise regulari y to attend the committees and communications
of the Grand Lodge, on receiving proper notice." — Bitual of Installation.
Pkeston, p. 74 ; Webb, 1? 12, p. 97.

f " You agree that no visitors shall be received into the Lodge, without
passing under due examination, and producing proper vouchers of a regular
initiation."- -Ritual Pkeston, p. 75 • Webb, p. 98

WORSHIPFUL MASTEK.

349

fero with this prerogative, nor can the question be
put to it whether a particular visitor shall be ad-
mitted. The Master is, in all such cases, the sole
judge, without appeal from his decision.*

4. Coincident with this power of admitting 01
excluding a visitor from another Lodge, is that of
refusing or consenting to the admission of a mem-
ber. The ritual of opening expressly says that
none shall " pass or repass but such as are duly
qualified and have the Worshipful Master's permis-
sion and if the prerogative of refusing admission
to a brother hailing from another Lodge is vested
solely in the Master, that he may be enabled, by
this discretionary power, to maintain the by-laws
and regulations of the Order, and preserve the har-
morty of the Lodge, it seems evident that he should
be possessed of equal power in respect to his own
members, because it may happen that the admission
even of a member might sometimes create discord,
and if the Master is aware that such would be the
result, it must be acknowledged that he would be
but exercising his duty in refusing the admission of
such a member. But as this prerogative affects, in
no slight degree, the rights of membership, which
inure to every Mason who has signed the by-laws, it
should be exercised with great caution ; and where
a member has been unjustly, or without sufficient
cause, deprived of the right of visiting his own
Lodge, there can be no question that he has the
right of preferring charges against the Master in

v See ante p. 208, where this subject is discussed

350

WORSHIPFUL MASTER

the Grand Lodge, whose duty it is to punish every
arbitrary or oppressive exercise of prerogative.

5. It is the prerogative of the Master to take
charge of the warrant of constitution. This instru-
ment, it has already been observed, is the evidence
of the legality of the Lodge, and should always be
placed upon the Master's pedestal while the Lodge
is open. During the recess of the Lodge, it is con-
structively supposed to be in the Master's personal
possession, although, for the sake of convenience
and safety, it is most generally deposited in the
Lodge room. The Master is, however, always re-
sponsible for it,, and if demanded by the Grand
Lodge, it is of him that the demand must be made,
and he alone is responsible for its production. . In
like manner, when going out of office, he must de-
liver it to his successor, who is to retain charge of
it under the same regulations ; for the Master of
the Lodge is always the proper custodian of the
warrant of constitution.

6. The appointing power constitutes an important
prerogative of the Master of a Lodge. In England,
he appoints all the officers, except the Treasurer
and Tiler ; but in this country the power of appoint-
ment is restricted to that of the Senior Deacon, and
in some Lodges, of the Tiler. As the Senior Deacon
is the proxy of the Master in the discharge of his
duties * there seems to be a peculiar propriety in

* * It is your province to attend on the Master and Wardens, and to ar1
as their pioxies in the active duties of the Lodge."— Charge at the inslalla
lion of the Deacons. Webb, p. 104.

WORSHIPFUL MASTER.

351

placing the selection of that officer in his hands, and
for a similar reason, it is advisable that he should
also have the appointment of the Tiler.

The Master has also the prerogative of appointing
all special committees, and is entitled to be present
at their meetings, and when present, to act as chair-
man. This usage seems to be derived from the
principle that wherever Masons congregate together
on Masonic business, the Master is entitled to
govern them and to direct their labors.*

The Master of the Lodge has also the right, dur-
ing the temporary absence of any officer, to appoint
a substitute for the meeting. It has been supposed
by some that this power of appointment is restricted
to the elective officers, and that during the absence
of the Junior Deacon, the Junior pro tempore must
be appointed by the Senior Warden ; and in like
manner, during the absence of any one of the
Stewards, the substitute must be appointed by the
Junior Warden. And this opinion is founded on
the doctrine that as the permanent Junior Deacon
and Stewards are respectively appointed by the
Senior and Junior Wardens, their temporary substi-
tutes must be appointed by the same officers ; but
if this argument were good, then, as the Wardens
themselves are elected by the Lodge, it would fol-
low, by a parity of reasoning, that in the absence
of either of these officers, the substitute could not
be appointed by the Master, but must be elected by
the Lodge. In case of the death of a Junior-Deacon.

* See Anderson first edition, p. 52.

352

WORSHIPFUL MASTER.

where a dispensation for the appointment of a new
one has been granted, it is evident that that appoint-
ment would vest in the Senior Warden ; but all
temporary appointments are exclusively made by
the Worshipful Master, for the appointing power is
one of his prerogatives.

7. The Master has one vote in all questions, as
every other member, and, in addition, a casting
vote, if there be a tie. This usage, which is very
general, owes its existence, in all probability, to the
fact that a similar privilege is, by the Regulations
of 1721, enjoyed by the Grand Master in the Grand
Lodge. I cannot, however, find a written sanction
for the usage in any of the Ancient Constitutions,
and am not prepared to say that the Master pos-
sesses it by inherent right. The local regulations
of some jurisdictions explicitly recognize the prero-
gative, while others are silent on the subject. I
know of none that denies it in express words. I am
disposed to believe that it has the authority of
ancient usage, and confess that I am partial to it, on
mere grounds of expediency, while the analogy of
the Grand Master's similar prerogative gives it a
show of authority.

8. No one is eligible to election as the Master of
a Lodge, unless he has previously served in the
office of Warden. The authority for this doctrine
is to be found in the Charges approved in 1722,
which say that no one can be a Master " until he
has acted as a Warden." It does not seem to bo
necessary that the Master elect should have served

WORSHIPFUL MASTER.

353

m the capacity of a Warden, in the Lodge over
which he is called to preside. The fact of having
once tiled a Warden's chair in any other Lodge
will meet all the requisitions of the law ;* for it is
a settled principle that when a brother affiliates rn
a new Lodge, he carries with him all the official
rights which he had previously possessed in the
Lodge to which he formerly belonged. If he was a
Past Master or a Past Warden in the one, he re-
tains in the other all the prerogatives which were
acquired by such a position.

There are two exceptions to the rule requiring
preparatory service in a Wardenship, in which a
Mason may be elected to the office of Master, with-
out having previously passed through that of a
Warden. The first of these is in the case of a new
Lodge, which has just received a warrant of consti-
tution from the Grand Lodge, and in which the
officers are, for the first time, to be installed. Here
it is not considered necessary that the new Master
should have previously served as a Warden. The
second case is where, even in an old Lodge, neither
of the Wardens, nor any one who has previously
filled the office of Master or Warden, will consent
to serve as presiding officer. As this is strictly a
case of emergency, in which the usage must be ne-
glected, or the Lodge cease to act for want of a

* In the second edition of thu Constitutions, published in 173S, by Ander-
son, in which he very materially altered the phraseology of these Charges
from that contained in the edition of 1723, he expressly states this principle
by the addition of a sing'e but important word. His language is : " till he
bus acted as Warden somewhere" — Second edit, p. 145.

354

WORSHIPFUL MASTER.

Master, it Las been thought advisable to permit the
Lodge, uixder such circumstances, to elect a Master
from the floor. But as this is an infringement of
the regulations, it is necessary that the Grand Mas-
ter should legalize the act by issuing his dispensa-
tion to authorize the irregularity.*

9. The Master is eligible to re-election as often
as the Lodge may choose to confer that honor on
him. This is the invariable usage of this country,
and I refer to it only because in England a different
rule prevails. There the Master, after having
served for two years, is ineligible to office until
after the expiration of a year, except by dispensa-
tion • but no such regulation has ever existed, at
least within my recollection, in America,

10. It is the prerogative of the Master of a Lodge
to receive from his predecessor the Past Master's
degree at the time of his installation. The subject
of this degree has already been so fully discussed in
the appropriate place, that nothing now remains to
be considered, except the very Important question
whether it is essential that the Master elect should
be invested with the degree of Past Master before
he can exercise the functions of his office.

In the discussion of this question, it must be borne

* Ani>ebson, in his edition of 1738, alludes to both these cases ; for, after
stating the general law, he says : " except in extraordinary cases, or when
a Lodge is to be formed where none such can be had ; for then three Master
Masons, though never Masters or Wardens of Lodges before, may be consti-
tuted Master and Wardens of that new Lodge" — p. 145. Whatever may be
said of the authority of this second edition this at least shows what was the
usage in 173?.

WORSEIPFUL MASTER.

355

in mind that the degree of Past Master constitutes
a specified part of the ceremony of installation of
the elected Master of a Lodge. No Master is
deemed to be regularly installed until he has re-
ceived the degree. This is the ceremony which in
England, and sometimes in this country, is called
" passing the chair." The earliest written authori-
ties always refer to it. Anderson alludes to it, in
all probability, in his description of the Duke of
Wharton's method of constituting a Lodge ; Pres-
ton says distinctly that the new Master is " to be
conducted into an adjacent room, where he is regu-
larly installed and Oliver, commenting on this
passage, adds, that " this part of the ceremony can
only be orally communicated, nor can any but in-
stalled Masters be present."*

This portion of the installing ceremony consti-
tutes the conferring of the Past Master's degree.
It is, in fact, the most important and essential part
of the installation service ; but the law of Masonry
prescribes that no one shall exercise the preroga-
tives of the office to which he has been elected, until
he has been regularly installed. Now, if the con-
ferring of the Past Master's degree composes a
necessary part of the ceremony of installation — and
of this it seems to me that there can be no doubt —
then it follows, as a natural deduction, that until
the Master elect has received that degree, he has no
right to preside over his Lodge. This decision,
however, of course does not apply to the Master of

* Preston, Oiiver's ed. p. 7fi.

356

WORSHIPFUL MASTER.

a Lodge under dispensation, who, as the special
proxy of the Grand Master, and deriving all his
powers immediately from that high officer, as well
as exercising them only for a specific purpose, is
exonerated from the operation of the rule. Nor
is it requisite that the degree should be a second
time conferred on a Master who has been re-
elected, and who at his previous installation had
received it, although a number of years may have
elapsed. When once conferred, its effects are for
life.

Now, as it is the duty of every Mason to oppose
the exercise by any person of the functions and pre-
rogatives of an office until he has been legally in-
stalled, the question here suggests itself, how shall
a Master Mason, not being himself in possession of
the degree, know when it has not been conferred
upon a Master elect ? To this the reply is, that if
the elected Master attempts to assume the chair,
without having undergone any semblance of an in-
stallation, the greater part of which, it will be re-
collected, is performed before the members of the
Lodge, it must follow that he cannot have received
the Past Master's degree, which constitutes a part
of the ceremony of installation. But if he has been
installed, no matter how carelessly or incorrectly, it
is to be presumed that the degree has been confer*
red and the installation completed, unless positive
evidence be furnished that it has not, because in
Masonry as in law, the maxim holds good that
" all things shall be presumed to have been done

WORSHIPFUL MASTER. 357

legally and according to form until the contrary be
proved."*

11. The last prerogative of a Master of a Lodge
to which I shall allude is that of exemption from
trial by his Lodge, on charges preferred against
him. The Grand Lodge alone has any penal juris-
diction over him. There is now, I believe, no doubt
of the correctness of this decision, although the
reason assigned for it is not, in my opinion, the cor-
rect one. The incompetency of a Lodge to try its
Master, and his right to trial by the Grand Lodge
only, is generally based on the legal axiom that
every man is entitled to a trial by his peers. + But
how are we to apply this axiom to the case of the
Master of a Lodge ? Is he entitled to trial by the
Grand Lodge because he is a member of that body ?
He derives this membership from his representative
position only, and that representative position he
shares with the two Wardens, who are equally
members of the Grand Lodge, and who, if the
principle were legitimately carried out, would be
equally entitled to trial by the Grand Lodge, as

* Omnia praesumuntur legitime facta donee probetur in ccntrarium. "Where
acts are of an official nature," says Broom, {Leg. Max. 729) " or require
the concurrence of official persons, a presumption arises in favor of their
due execution." This is peculiarly applicable to the point discussed in tLe
text.

t Thus the Constitution of the Grand Lodge of New York says : " Every
Mason must be tried by his peers, and hence the Master cannot be tried by
his Lodge." — § 8, s. 21. But if this be true, the Master can only be tried by
a convention of Masters ; for neither Past Masters nor Wardens, who assist
in composing the Grand Lodge, are his peers, in an official sense — the only
one in which, I suppose, the word can with any propriety be used.

358

WORSHIPFUL MASTER.

their peers. We must look, therefore, somewhere
else for the cause of this peculiar privilege enjoyed
by Masters, and Masters alone, for Wardens are
amenable to trial in their Lodges. We shall find
it then in the peculiar relation existing between the
Master and his Lodge — a relation which no other
officer or member occupies. Under no circumstances
whatever can he be deprived of his right, when
present, to preside over his Lodge ; and whenever
the Lodge is exercising judicial functions, and is
engaged in the trial of an accused member, the
Master, virtute officii, becomes the presiding Judge.
No one can deprive him of this position ; he has, in
fact, no right to yield it to any other, for he alone
is responsible to the Grand Lodge that the Lodge
shall, in the transaction of such grave business, con-
fine itself within the limits of law and equity.
Now, if he were himself on trial, his presence would
be necessary. Being present, he would have to as-
sume the chair, and thus the anomalous spectacle
would be presented of a Judge presiding in his own
trial. Such a spectacle would be shocking to our
sense of justice, and could not for a moment be per-
mitted.* And yet, if the Master is to be tried by
his own Lodge, there is no possible way of avoiding
it. On this account alone, therefore, it was neces-
sary to find some other tribunal which should act as

* " It is a fundamental rule in the administration of justice that a persop
cannct be judge in a cause wherein he is interested.'* — Broom, Legal
Maxims, p. 84. This is precisely the rule which prevents the trial of a Mas
ter by his Lodge* Nemo debet esse judex inpropiia sua causa, says the
nwxim of law.

WORSHIPFUL MASTER.

359

a court in the trial of a Master, and the Grand
Lodge sieems in all respects to be the most appro-
priate. This body has therefore been selected as
the proper court for the trial of Masters, not be-
cause it is composed of the peers of these officers —
for this it is not, as many of its members are only
Wardens — but because it is not practicable to try
them anywhere else.

But it will sometimes happen that the offences of
the Master are of such a nature as to require imme-
diate action, to protect the character of the insti-
tution and to preserve the harmony of the Lodge.
The Grand Lodge may not be in session, and will
not be for some months, and in the mean time the
Order is to be protected from the evil effects that
would arise from the continuance of a bad Master
in office. The remedy provided by the usages of
the institution for such an evil are of a summary
nature. The Grand Master is, in an extraordinary
case like this, invested with extraordinary powers,
and may suspend the Master from office until the
next communication of the Grand Lodge, when he
will be subjected to a trial. In the mean time the
Senior Warden will assume the office and discharge
the functions of the Master.* In New Yoik, the

* Thus the Com. of For. Corres. of the Grand Lodge of Tennessee, in 1845,
said : " The proper Gourse to be pursued when a Master so far forgets the
dignity of his office, and the duties he owes to himself and the brethren, is tc
petition the Grand Master for a suspension of the offending Master from
office, nntil the next meeting of the Grand Lodge, when charges may be pre-
ferred, and such punishment inflicted as the heinousness of the offence shall
merit In this case the functions and duties of the Master devoive upon the

360

WORSHIPFUL MASTER.

Grand Master immediately appoints in such a case
a commission of seven, who must be not lower in
rank than Wardens, and who try the question and
make up their decision, which is final, unless an ap-
peal is taken from it, within six months, to the
Grand Lodge.* This, however, is a local regula-
tion, and where it, or some other satisfactory mode
of action is not prescribed by the Constitution of a
Grand Lodge, the Grand Master may exert his pre-
rogative of suspension under the general usage or
common law of Masonry.

Invested with sucli important prerogatives, it is
to be expected that the qualifications required of
such an officer must be in a corresponding degree.
The Master of a Lodge is, in fact, he who, as his
Latin name Magister imports, shoulcl have, more
than others, magis quam cmtei'is, the care and con-
trol of those over whom he has been placed, and
who, with more of power, should also be distin-
guished by more of virtue and more of wisdom than
his brethren. "Those/7 says Festus, "are called
Masters upon whom the chief care of things de-
volves, and who, more than the others, should exer-
cise diligence and solicitude in the matters over
which they preside."

The proper qualifications of the Master of a

next succeeding officer, the Senior Warden, until the accused shall be brought
to trial, and acquitted or condemned." This is perhaps the highest preroga-
tive that the Grand Master possesses, and I need scarcely say that it should
be exercised with the utmost caution, and resorted to only with great
reluctance.
* Const G. L. of New York, § 54.

W0RS2IPFUL MASTER.

361

Lodge are laid down in the installation .service as
follows : He is required to be " of good morals, of
great skill, true and trusty, and a lover of the whole
fraternity." There is much significance in this
language : it portrays the qualifications of a Master
under the three-fold heads of moral, intellectual,
and social.

He is required, in the first place, to be "of good
morals." The teacher of the principles of virtue
and morality, which it is the design of Freemasonry
to inculcate, should himself be, if not an admirable
pattern, at least not a notorious transgressor of
those principles ; for, as a distinguished member of
the craft (Dr. Townsend, the Deputy Grand Master
of Ireland,) has remarked: "The most elegant
homily against those vices for which the preacher is
distinguished, falls dead upon the ear ; the most
graceful eulogy of virtue is but disgusting in the
lips of a man whose conduct gives the lie direct to
his words ; but he who teaches good by example,
will ever be listened to with respect."*

But the Master is not only a teacher of his
brethren, but he is their representative to the world,
and it becomes peculiarly his duty, by his own
exemplary conduct, to impress the world at large
with a favorable opinion of the institution in which
he holds so high a position, and of which his own
exemplary or unworthy conduct will be considered

* Lecture on the duty of the Master*— Am. Quart. Rev. of Freemasonry \
vol. i. p. 202. Thus, too, Aristotle says, " he who is to govern (the fyjov)
must be perfect in {fjOiica apery) moral virtue."— Pol. lib. i. cap, xiii.

1(5

362

WORSHIPFUL MASTER.

by the uninitiated as a fair exponent. Mankind
will very naturally presume that the members of a
moral institution would hardly confer so important
a trust upon an immoral or licentious brother, and
they will judge of the nature and character of the
Lodge by the behavior of its presiding officer.

Intellectually, he must be " of great skill." Much
stress is thus laid upon the mental qualifications.
He who desires to be the Master of a Masonic
Lodge, must not be satisfied with a moderate share
of skill. His knowledge and attainments must be
great. If he proposes to be a teacher, he must
thoroughly comprehend the subject which he in-
tends to teach, and by the fluency and readiness
which education gives, be capable of communicating
his instructions in a pleasing and impressive manner.
"A man of education and talents," says Dalcho,
" will elucidate with admirable beauty, perspicuity
and interest, the origin and progress of the arts in
different ages, the development of genius in the
organization of our Order, and the adaptation of the

system to the wants and happiness of man

He will, in short, speak upon literary and scientific
subjects as a Master ; he will understand what he
professes to teach, and consequently he will make
himself understood by others. All will listen to
him with delight, and all will be benefited by his
instructions."* This passage was written nearly
half a century ago, and since then the developments
of the Masonic system in thi3 country have required

* ibirom Rczon, 1822, p. 55.

WORSHIPFUL MASTER.

363

a still greater amount of intellectual qualification
than has been described by Dalclio. An educated
man, however well skilled in general literature and
science, will make an incompetent Master of a Lodge,
if he does not devote his attention to the peculiar
science of our Order. If Masonry be, as it is de-
fined, "a science of morality, clothed in allegory
and illustrated by symbols," it is evident that a suc-
cessful teacher (and the Master is, in an emphatic
sense, a teacher) must qualify himself by a diligent
investigation of these symbols and, allegories — the
myths and legends of Masonry — their mystical ap-
plication, and the whole design of the institution
in this, its most important feature, must constitute
his study.

Socially, that is, as a member and officer of a
peculiar society, exclusive in its character, he must
be " true and trusty, and a lover of the whole fra-
ternity." Each of these indicates a particular
quality ; his truth and fidelity will secure his obedi-
ence to all the regulations of the Order — his observ-
ance of its Landmarks and ancient usages — his
opposition to all unwarrantable innovations. They
will not only induce him to declare at his installa-
tion, but to support his declaration during his whole
term of office, that "it is not in the power of any
man or body of men to make innovations in the
body of Masonry." They are his guarantee that he
will not violate the promises he has made of fidelity
and obedience to the constituted authorities of the
Order.

364

WCRSHIPFUL MASTER.

His love of the fraternity will be an evidence of
bis zeal and fervency in the cause — of his disposi-
tion to cultivate all the benign principles of the
institution, and to extend its blessings in every
unobjectionable way. Where there is love, there
must be reasonable service, and affection for the
brethren will show its results in devotion to the
association of which these brethren form a compo-
nent part.

But, besides these, there are other qualifications
necessary to the Master of a Lodge, not so much as
a teacher of Masonr}r, as in his capacity as a presid-
ing officer. He should rule his brethren with love,
rather than with force. He should exercise firmness
with moderation ; cultivate a spirit of conciliation ;
learn to subdue by mildness and urbanity the irri-
tations which will too often arise in an angry de-
bate ; and in the decision of every question which is
brought before him, seek rather to establish the cor-
rectness of his judgment by the persuasions of reason
than to claim obedience by the force of authority
The office of a Master is one which should not too
readily be sought, for its functions are not easilv
discharged.

The Succession to the Chair. — This is perhaps the
most appropriate time to discuss the important
question of the succession to the chair — that is, to
inquire upon whom the functions and authority of
the presiding officer devolve, at the death, expulsion,
or absence of the Master of the Lodge.

Two principles seem now to be very generally

WORSHIPFUL MASTER.

365

admitted by the authorities on Masonic law, in con-
nection with this subject.

1. That in the temporary or permanent absence
of the Master, the Senior Warden, or, in his ab-
sence, the Junior, succeeds to the chair.

2. That on the permanent removal of the Master
by death or expulsion, there can be no election
for a successor until the constitutional night of
election.

Let us inquire into the foundation of each of these
principles.

1. The second of the Eegulations of 1721 is in
these words :

" In case of death or sickness, or necessary absence of the
Master, the Senior Warden shall act as Master pro tempore, if
no brother is present who has been Master of that Lodge
before. For the absent Master's authority reverts to the
last Master present, though he cannot act till the Senior Warden
has congregated the Lodge"

The lines which I have placed in italics indicate
that even at that time the power of calling the
brethren together and " setting them to work,"
which is technically called " congregating the
Lodge," was supposed to be vested in the Senior
Warden alone during the absence of the Master,
although perhaps, from a supposition that he had
greater experience, the difficult duty of presiding
over the communication was entrusted to a Past
Master. The regulation is, however, contradictory
in its provisions ; for, if the " last Master present"
could not act, that is, could not exercise the author-

366

WORSHIPFUL MASTER.

ity of the Master, until the Senior Warden had con-
gregated the Lodge, then it is evident that the
authority of the Master did not revert to him in an
unqualified sense, for that officer required no such
concert nor consent on the part of the "Warden, but
could congregate the Lodge himself.

This evident contradiction in the language of the
regulation probably caused, in a brief period, a
further examination of the ancient usage, and ac-
cordingly, on the 25th of November, 1723, a very
little more than three years after, the following
regulation was adopted :

" If a Master of a particular Lodge is deposed or demits,
the Senior Warden shall forthwith fill the Master's chair till
the next time of choosing ; and ever since, in the Master's
absence, he fills the chair, even though a former Master be
present."

The present Constitution of the Grand Lodge of
England appears to have been formed rather in
reference to the Regulation of 1721 than to that of
1723. It prescribes that on the death, removal, or
incapacity of the Master, the Senior Warden, or in
his absence, the Junior Warden, or in his absence,
the immediate Past Master, or in his absence, the
Senior Past Master, " shall act as Master in sum-
moning the Lodge, until the next election of offi-
cers." But the English Constitution goes on to
direct that " in the Master's absence, the immediate
Past Master, or if he be absent, the Senior Past
Master of the Lodge present shall -take the chair.
Ajid if no Past Master of the Lodge be present, then

WORSHIPFUL MASTER.

867

the Senior Warden, or in his absence, the Junior
Warden shall rule the Lodge."*

Here again we find ourselves involved in the
intricacies of a divided authority. The Senior
Warden congregates the Lodge, but a Past Master
rules it ; and if the Warden refuses to perform his
part of the duty, then the Past Master will have no
Lodge to rule. So that after all, it appears that of
the two, the authority of the Senior Warden is the
greater.f

But in this country the usage has always con-
formed to the Regulation of 1723, as is apparent
from a glance at our rituals and monitorial works.

Webb, in his " Freemason's Monitor,"- (edition of
1808,) lays down the rule that "in the absence of
the Master, the Senior Warden is to govern the
Lodge and that officer receives annually, in every
Lodge in the United States, on the night of his in-
stallation, a charge to that effect. It must be re-
membered, too, that we are not indebted to Webb
himself for this charge, but that he borrowed it,
word for word, from Preston, who wrote long be-
fore, and who, in his turn, extracted it from the
rituals which were in force at the time of his
writing.:]:

* Const of the G. L. of England, edit 1847, p. 79.

f The confusion which at one time existed in relation to the question of
who should be the successor to the Master, seems to have arisen partly from
the contradiction between the Regulations of 1721 and those of 1723, and
partly from the contradiction in different clauses of the Regulation of 1723
itself.

1 " In my absence you are to rule the Lodge." — Preston, p. 79. " In the
absence of tho Master, you are to govern this Lodge." — Webb, p. 102

868

WORSHIPFUL MASTER.

In the United States, accordingly, it has been
held, that on the death or removal of the Master,
his authority descends to the Senior Warden, who
may, however, by courtesy, offer the chair to some
Past Master who is present, after the Lodge has
been congregated.

2. In respect to the second principle, there is
no difference of opinion among the authorities.
Whether the Senior Warden or a Past Master is to
succeed, the Regulation of 1721 makes no provision
for an election, but implies that the vacancy shall
be temporarily supplied during the official term,
while that of 1723 expressly states that such tem-
porary succession shall continue " till the next time
of choosing," or, in the words of the present English
Constitution, " until the next election of officers."

But, in addition to the authority of the Ancient
.Regulation and general and uniform usage, reason
and justice seem to require that the vacancy shall
not be supplied permanently until the regular time
of election. By holding the election at an earlier
period, the Senior Warden is deprived of his right
as a member, to become a candidate for the vacant
office ; for the Senior Warden having been regularly
installed, has of course been duly obligated to serve
in the office to which he had been elected during
the full term. If, then, an election takes place be-
fore the expiration of that term, he must be excluded
from the list of candidates, because if elected, he
could not vacate his present office without a viola-
tion of his obligation The same disability would

WORSHIPFUL MASTER. 3*39

affect the Junior Warden, who, by a similar obliga-
tion, is bound to the faithful discharge of his duties
in the south. So that by anticipating the election,
the two most prominent officers of the Lodge, and
the two most likely to succeed the Master in due
course of rotation, would be excluded from the
chance of promotion. A grievous wrong would
thus be done to these officers, which it could never
have been the intention of the law to inflict.

But even if the Wardens were not ambitious of
office, or were not likely, under any circumstances,
to be elected to the vacant office, another objection
arises to the anticipation of an election for Master,
which is worthy of consideration.

The Wardens, having been installed under the
solemnity of an obligation to discharge the duties
of their respective offices to the best of their ability,
and the Senior Warden having been expressly
charged that " in the absence of the Master he is to
rule the Lodge," a conscientious Senior Warden
might very naturally feel that he was neglecting
these duties and violating this obligation, by per-
mitting the office which he has sworn to temporarily
occupy in the absence of his Master, to be perma-
nently filled by any other person.

On the whole, then, the Old Regulations, as well
as ancient, uninterrupted and uniform usage, and
the principles of reason and justice, seem impera-
tively to require that on the death or removal of the
Master, there shall be no election to supply the
vacancy ; but that the authority of the absent Mas

370 WARDENS.

ter shall be vested in the Senior Warden, and in liis
absence, in the Junior.

In conclusion, it need scarcely be added that as
this right to succeed the Master is a personal right,
vested in the Wardens, no dispensation can issue to
set it aside and to order an election ; for it is an
undoubted principle of justice that the Grand Mas-
ter has no prerogative to interfere, by his dispensing
Dower, with the rights of individuals.

SECTION II.

THE WARDENS.

Every Lodge has two officers, who are distin-
guished as the Senior and Junior Wardens. The
word is derived from the Saxon weardian, "to
guard or watch," and signifies therefore a guardian
or watchman. The French and German titles for
the same officers, which are surveillant in the former
language, and aufseher in the latter, are equally
significant, as they denote an OV6TS66T \ The title is
derived from the fact that in the old rituals these
officers were supposed to sit at the two columns of
the porch, and oversee or watch the Fellow Crafts
and Apprentices — the Senior Warden overlooking
the former, and the Junior Warden the latter.
This ritual is still observed in the Lodges of the
French rite,* where the two Wardens sit in the

* Thus Clatel : " A Toccident', des deux cotes la porte d'entre*e, s'dle
rent dens colonnes de bronze. Sur la colonne de gauche est traced ;

WARDENS.

371

west, at what is supposed to be the pedestals of the
two columns of the porch of the temple ; and in the
York rite, although the allusion is somewhat im-
paired by the removal of the Junior Warden to the
south, they still retain on their pedestals miniature
columns, the representatives of the temple pillars,
and which in all processions they carry as the in-
signia of their office.*

The duties of the Senior Warden are very briefly
described in the Installation service. They are, in
the absence of the Master, to preside, and govern
the Lodge ; in his presence, to assist him in the
government of it.f

In assisting the Master in the government of the
Lodge, it is the duty of both officers to see that due
silence is observed around their respective stations,
and that the orders issued from the east are strictly
obeyed. But most of their duties in their peculiar
positions are of a ritualistic nature, and are either
unnecessary or improper to be discussed in the
present work.

sur l'autre, on lit Pres de la premiere, se place le premier surveillant,

et pres, de la deuxieme, le second surveillant" — HisL Piitoresq. de la Franc-
mag, p. i.

* These columns appear at one time to have been called " truncheons,"
and Oliver {Book of the Lodge, p. 116) quotes an inventory of the furniture
belonging to a Lodge at Chester, (Eng.) taken in the year 1761, which men-
tions among other things " two truncheons for the Wardens."

f Lenning gives a more explicit recapitulation of the duties of these offi-
cers. He says : " Their duties are to keep order and silence in the meeting,
to repeat the commands of the Master, each from his station, and to sc«
them obej'ed." — Encyclopadie der Freimaurerei, in voce Aufseher. These
are precisely their duties, as laid down in the American, ritual.

372

WARDENS.

In the absence of the Master, the Senior Warden
governs the Lodge. This is his inherent right, and
lias already been fully considered in the preceding
section. He may, and often does, as a matter of
courtesy, resign the chair to some Past Master
present, but such Past Master always acts under the
authority of the Warden, who has first to congre-
gate the Lodge, that is, to call the brethren to labor,
before he resigns the gavel of his authority into the
hands of the Past Master.

Within a few years, the very singular objection
has been urged by some Masons that a Warden can-
not preside and confer degrees unless he has re-
ceived the Past Master's degree.* Now, I know of
no modern theory on Masonic law which has so
little foundation in fact as this. The degree of
Past Master is a necessary qualification of the Mas-
ter of a Lodge, and without it, it is admitted that
he cannot legally preside, not, however, because of
any peculiar virtue or superior knowledge that the
possession of the Past Master's degree confers, but
because by the Landmarks, or certainly by very

* In 1857, the Grand Master of Kentucky, Bro. T. N. Wise, made the
following decision, which was sustained by the Grand Lodge: The Master
and Senior Warden of a Lodge being absent, the Junior Warden took the
chair, and conferred the second degree, notwithstanding several Past Mas-
ters were present. The Master of the Lodge, at the next meeting, pro-
nounced the action of the Junior Warden unmasonic. The'Grand Master,
however, approved his course, as being the constitutional ruler of the Iiodge,
in the absence of his two superiors ; and the Grand Lodge, of course, in so
plain a case, sustained him. There was other matter involved in this
case, but the real prin;ir>le affected was the right of the Junior Warden tf
preside-

WARDENS.

373

ancient regulations, the conferring of that degree
constitutes an essential part of the ceremony of in-
stalling the Master 'of a Lodge. He is not legally
installed until he has received the degree ; and not
being installed, he cannot exercise the functions of
his office. But there is no regulation making the
reception of the Past Master's degree a necessary
part of the installation of a Warden, and when,
therefore, a Warden has been duly installed, he is
entitled to preside and confer degrees in the absence
of the Master.

All the duties that devolve upon the Senior
Warden, in the absence of the Master, devolve in
like manner, and precisely to the same extent, upon
the Junior Warden, in the absence of both the Mas-
ter and the Senior. All that has been said of one
officer, under such circumstances, is equally appli-
cable to the other.

But if the Master be present, and the Senior
Warden absent, the Junior Warden does not assume
the functions of the latter officer, but retains his
own station, and a Senior Warden pro tempore must
be appointed by the Master. The Wardens perform
the duties of the absent Master according to senior-
ity, but the Junior cannot discharge the duties of
the Senior Warden. It must be remembered that a
Warden acting as Master is still a Warden, and is
so acting simply in the discharge of one of the
duties of his office. The Senior Warden is bound
to the performance of his duties, which are, in the
presence of the Master, to superintend the west, and

374

WAEDENS.

in his absence to preside. The Junior "Warden, in
like manner, is bound to the performance of his
duties, which are, in the presence of the Master, to
superintend the southland in the absence of both
Master and Senior "Warden, to preside. The ab-
sence of the Senior Warden has, therefore, no effect
upon the duties of the Junior Warden, unless the
Master is also absent, when he takes the east. He
is to supply the place, not of the absent Senior
Warden, but of the absent Master.*

Among the duties which formerly devolved upon
the Junior "Warden, was that of the examination of
visitors.f This duty has now, much more appropri-
ately, been intrusted to the Stewards.

It is one of the ritualistic Landmarks that the
Senior "Warden presides over the craft during the
hours of labor, and the Junior "Warden during the
hours of refreshment ; and in reference to this fact,
it is the usage for the column of the Senior Warden

* It is a little singular that neither Preston nor Webb allude, in the In-
stallation service, to this duty of the Junior to preside, in the absence of his
two superior officers. The second Regulation of 1721 only intimates it in the
last clause. Dalcdo (Ahiman Jlezon, p. 5d) and Tannehill (Manual, p.
237) are the only monitorial authorities who state the law explicitly, but it is
sanctioned by universal and uninterrupted usage.

t " In a copy of the lectures which were used about the close of the
eighteenth century, the Junior Warden's office, amongst other important
matters, is said to include the examination of visitors." — Oliver, Book of
the Lodge, p. 113. That and the introduction of candidates are specially in-
trusted to the Junior Warden in the installation services of both Preston and
Webb, but have long since been disused in this country. Cross, the first
edition of whose " Chart" was published in 1819, and all the authors and
compilers who have since followed him, Davis, Stewart, Tannehill, Macoy
&c, omit these duties from the charge given to the Junior Warden.

WARDENS.

375

to be standing, and that of the Junior to be lying
down, while the Lodge is at work, and these posi-
tions to be reversed when the Lodge is called off.*
In consequence of the Junior Warden being
placed over the craft during the hours of refresh-
ment, and of his being charged at the time of his
installation to see " that none of the craft be suffered
to convert the purposes of refreshment into those
of intemperance and excess,"t it has been very
generally supposed that it is his duty, as the prose-
cuting officer of the Lodge, to prefer charges against
any member who, by his conduct, has made himself
amenable to the penal jurisdiction of the Lodge.
I know of no ancient regulation which imposes this
unpleasant duty upon the Junior Warden ; but it
does seem to be a very natural deduction from his
peculiar prerogative as the custos morum or guardian
of the conduct of the craft, that in all cases of vio-
lation of the law he should, after due efforts towards
producing a reform, be the proper officer to bring
the conduct of the offending brother to the notice
of the Lodge.

* Preston (p. 80) says : " When the work of Masonry in the Lodge is
carrying on, the column of the Senior Deacon is raised ; when the Lodge is
at refreshment, the column of the Junior Deacon is raised." It will be seen
by this that the columns, which, in the custom of this country, are, by a
beautiful symbolism, placed in the hands of the Wardens, to indicate the
hours of labor and refreshment, are, in the Prestonian work, without any
meaning whatever, given to the Deacons. Webb thoughtlessly followed the
system of Preston in this respect ; but it is doubtful whether he or any of his
disciples ever worked by it. At least I can find no evidence, except the
passage in Webb's charge to the Deacons, that columns were ever borne by
those officers.

+ Installation charge to the Junior Warden.

376 WARDENS.

One of the most important prerogatives of the
Wardens is that of representing the Lodge with the
Master at all communications of the Grand Lodge.
This is a prerogative the exercise of which they
should never 'omit, except under urgent circum-
stances. A few Grand Lodges in the United States
have disfranchised the Wardens of this right, and
confined the representation to the Master, but I
cannot hesitate to say that this is not only a viola-
tion of ancient regulations, but an infraction of the
inherent rights of the Wardens and the Lodges.
After the comparatively modern organization of
Grand Lodges, in 1717, the craft as a body sur-
rendered the prerogatives which belonged to every
Mason of being present at the General Assembly,
in the assurance that their rights and privileges
would be sufficiently secured by the presence of
their Masters and Wardens.* Hence, in the Regu-
lations of 1721, which must be considered, according'
to the history given of them by Preston, in the light
of a bill of rights, or fundamental constitution,! the
Grand Lodge is expressly defined as consisting of

* " Matters being thus amicably adjusted," says Preston, when speaking
cf the organization of the Grand Lodge in 1717, "the brethren of the fonr
old Lodges considered their attendance on the future communications of the
Society as unnecessary, and therefore, like the other Lodges, trusted im-
plicitly to their Master and Wardens, resting satisfied that no measure of
importance would be adopted without their approbation."— i/^ira/ ions,
d. 138, Ol. edit.

f Preston says that the officers of the old Lodges, fearing that the ma-
jority might " encroach upon, or even subvert the privileges of the original
Masons of England, very wisely formed a code of laws f ,r the future govern-
ment of the Society ." — Ibid. p. 184. This code is what is known ao the-
Regulations of 1721.

WAKDENS.

377

1 the Masters and Wardens of all the regular par-
ticular Lodges upon record." The disfranchisement
of the Wardens is, in fact, a disfranchisement of the
Lodges and the establishment of a new form of
Grand Lodge, unknown to the Ancient Consti-
tutions.

Another prerogative of the Wardens is their eligi-
bility to election as Master. It has already been
seen that no Mason can be chosen Master unless he
has previously served in the office of Warden, ex-
cept in the case of new Lodges, or of emergencies,
where no Warden, Past Warden, or Past Master
will consent to serve. This eligibility to the chair
is not confined to the Wardens then in office, for
any brother who has ever filled that station retains
for ever his eligibility. It is a right that is affected
by no lapse of time.

The prerogative of appointment which is vested
in these officers is limited. The Senior Warden has
the right of appointing the Junior Deacon, and
the Junior Warden that of appointing the two
Stewards.

If the Master and both Wardens be absent, the
Lodge cannot be opened, because the warrant of
constitution is granted to the Master and Wardens,
and their successors, and to none else. In 1857,
during the absence of the Master and Wardens of a
Lodge in Kentucky, a Past Master of the Lodge as-
sumed the chair, appointed proxies for the Wardens,
and proceeded to transact business. Upon an ap-
peal from the Master of the Lodge, the Grand Mas

378

WARDENS.

ter declared thr acts of the Lodge to be illegal and
of no effect. There can be no doubt that this de-
cision was correct, according to the Regulations of
1721 ; for, although a Past Master may preside, by
the courtesy of a Warden, he holds his authority,
according to these Regulations, under the Warden,
and cannot act until that officer has congregated
the Lodge. At the opening of the Lodge at least,
therefore, the Master or a Warden must be present,
and if Master and Wardens are all absent, the
Lodge cannot be opened.

If, however, the Lodge is congregated by the
Warden, <*nd he places a Past Master in the chair,
and then retires, I am inclined to think that the
labors or business of the Lodge may be legally con-
tinued, notwithstanding the absence of the Warden,
for he has complied with the requisitions of the law,
and congregated the Lodge. It is a right belong-
ing to the Warden to invite a Past Master to pre-
side for him, and if, after exercising that right, he
then retires, the Past Master will continue to act as
his representative. But the Warden will be re-
sponsible for the acts of the Past Master ; for, if
anything is done irregularly, it may be well said
that the Warden should have been there to correct
the irregularity when it occurred. I confess, how-
ever, that this is a res non judicata — a question that
has not been even discussed, so far as I am aware,
by any Masonic authority.

TREASURER.

379

SECTION III.

THE TREASURER.

Although this officer takes no part in the ritual
or ceremonial labors of the Lodge, yet the due ad-
ministration of his duties is closely connected with
its welfare. He is the financial officer or banker of
the Lodge ; and to prevent the possibility of any
collusion between himself and the presiding officer,
the Constitutions of England, while they give the
appointment of all the other officers to the Master,
have prudently provided that the Treasurer shall
be elected by the Lodge.

The duties of the Treasurer, as detailed in the
Installation service, and sanctioned by universal
usage, are threefold :

1. He is to receive all moneys due the Lodge from
the Secretary.

2. He is to make due entries of the same.

3. He is to pay them out at the order of the
Master, and with the consent of the Lodge.

As the banker simply of the Lodge, he has nothing
to do with the collections which should be made by
the Secretary, and handed over to him. These
funds he retains in his hands, and disburses them by
the order of the Lodge, which must be certified to
him by the Master. His accounts, so far as the re-
ceipts of money are concerned, are only with the
Secretary. Of his disbursements, of course, he
keep? a special account. His apcounts should be

380

TREASURER.

neatly and accurately kept, and be always ready for
the inspection of the Lodge or of the Master.

As his office, as custodian of the funds of the
Lodge, is a responsible one, it has been usual to re-
quire of him a bond for the faithful discharge of his
duties ; so that, in case of failure or defalcation, the
Lodge may not become the loser of its property.

For all the funds he receives from the Secretary
he should give a receipt to that officer, and should
take receipts from all persons to whom he pays
money. These last receipts become his vouchers,
and his books should be examined, and the entries
compared with the vouchers, at least once a year, by
a committee of the Lodge.

The Treasurer, like every other officer in a Ma-
sonic Lodge, cannot resign, nor can his office be
vacated by a removal, or any other cause, except
death or expulsion. But whenever either of these
events occurs, and the office becomes vacant, it is
competent for the Lodge, of course, under the
authority of a dispensation from the Grand Master,
to hold a new election. The objections to such a
course, in the case of the Master or Wardens, do
not apply to the Treasurer.

SECTION IV.

THE SECRETARY.

The Secretary, like the Treasurer, is only a
business officer of the Lodge, having nothing to do
in the ritualistic labors. The charge whicn he re

SECRETARY. 38]

:eives at his installation into office, as it is given by
Preston, Webb, and Cross * notwithstanding they
all differ, does not contain a full summary of his
duties, which are very extensive. I am inclined to
think that the usage of the craft is at fault in mak-
ing the Treasurer the senior officer, for I think it
will be found that the duties and labors of the
Secretary are not only more onerous, but far more
important to the interests of the institution.

The Secretary acts, in his relation to the Lodge,
in a threefold capacity. He is its recording, cor-
responding, and collecting agent.

As the recording agent of the Lodge, it is his
duty to keep a minute of all the proceedings, except
such as are of an esoteric character, and which the
peculiar constitution of our society forbids him to
commit to paper. After these minutes have been
approved and confirmed, it is his duty to transfer
them to a permanent record book. It is also his
duty, whenever called upon, to furnish the Grand
Master or the Grand Lodge with a fair transcript
of any portion of his records that may be required.
As the recording agent, he is also expected to fur-

* " It is your duty to record the minutes and Issue out the summonses for
the regular meetings." — Preston, p. 79.

" It is your duty to observe the Worshipful Master's will and pleasure,
record the proceedings of the Lodge, to receive all moneys, and pay them
into the hands of the* Treasurer." — Weeb, p. 104.

" It is your duty to observe all the proceedings of the Lodge ; make a fair
record of all things proper to be writteu ; to receive all moneys due thr,
Lodge, and pay them over to the Treasurer, and take his receipt for the
same." — Cross, p. 76.

It will be observed that the words of Cross agree more closely than the
others with the ritual in general use at the present time in this country. '

382

SECRETARY.

nisli, at every communication of the Lodge, a state-
ment of the unfinished business which is to be called
up for action.

As the corresponding agent of the Lodge, he re-
ceives and reads all communications which have
been addressed to the Lodge, and replies to them,
under the directions of the Lodge or the Master,
whenever any action has been taken upon them.
He also issues all summonses for special or stated
communications. This duty, particularly in refer-
ence to the stated communications, is sometimes
improperly neglected. Every Mason is entitled to
a summons, either verbal or written, to every meet-
ing of his Lodge. The Secretary is also the proper
officer to make out the returns to the Grand Lodge,
and to communicate to it, through the Grand Se-
cretary, notices of rejections, suspensions and ex-
pulsions. He is, in fact, the organ of communication
between his Lodge and the Grand Lodge, as well
as all other Masonic bodies. He affixes his signa-
ture and the seal of the Lodge to all demits, diplo-
mas, and other documents which the Lodge may
direct. For this purpose he is the keeper of the
seal of the Lodge, and is also the proper custodian
of its archives.*

As the collecting agent of the Lodge, he keeps
the accounts between itself and its •members, re-
ceives all dues for quarterage, and all fees for initia-
tion, passing and raising ; and after making an

* He combines the duties of Secretary with those of Archivist and Koepei
of the Seals, to be found in the French and many German Lodges.

SECRETARY.

383

entry of the sums and the occasions on which they
were paid, he transfers the money forthwith to the
Treasurer, and takes his receipt. In this way each
of these officers is a check upon the other, and a
comparison of their books will enable the Lodge
at any time to detect the errors. of either.

The books and accounts of the Secretary, like
those of the Treasurer, should be examined at least
once a year by a committee appointed by the Lodge,
and they should be at all times ready for the in-
spection of the Master.

It is customary in many Lodges, on account of
the numerous and often severe duties of the Secre-
tary, to exempt him from the payment of annual
dues, and sometimes even to give him a stated salary.
I see no objection to this, for he do^s not thereby
cease to be a contributor to the support of the insti-
tution. His contribution, though not in the form
of money, is in that of valuable services *

The office of Secretary, like that of Treasurer,
can only be vacated by death or expulsion, when a
new election may be ordered under the Grand Mas-
ter's dispensation. It must be remembered that
nothing can be done in Masonry out of the regular
time appointed by law, unless the proper authority
dispenses, for that particular occasion, with the
operation of the law»

* It is very properly maintained as a principle that no Mason should re
ceive pecuniary compensation for his services in the woik of Masonry. Bni
the Secretary is the only officer in the Lodge, except the Tiler, whose labors
in Masonry do not cease when the Lodge is closed. Nearly all of his work
t3 unconnected with the ritual, aftd much of it is done duriug the recess of
the Lodge.

334

DEACONS.

SECTION V.

THE DEACONS.

In eveiy Masonic Lodge there are two officers
who are called Deacons ; the one who sits in the
east, on the right of the Master, is called the Senior
Deacon, and the other, who sits in the west, on the
right of the Senior Warden, is called the Junior
Deacon. They are not elected to their respective
offices, but are appointed — the Senior by the Master,
and the Junior by the Senior Warden.

The title is one of great antiquity, and is derived
from the Greek language* where it signifies an
attendant or servant, and was used in this sense in
the primitive church, where the Deacons waited
upon the men, and stood at the men's door, and
the Deaconesses at the women's door, to see that
none came in or went out during the time of the
oblation.

In the Lodges of France and Germany, except in
those which work in the Scotch and York rites, the
office of the Deacons is not known ; but their func-
tions are discharged by other officers. In France
they have an " expert" and a "Master of Ceremo-
nies," and in Germany a " Master of Ceremonies"
and a " preparer. "t

* AmlkQvo?, an attendant or waiter, from the verb diaKoveu, to attend
or serve. In the Latin the word is diaconus.

t The German Lodges in this country make use of Deacons, and give them
the title of " vorsteher which signifies a director. See Des Freimaurer's
Uandbuch von J. D. Finkelmeier, which is an excellent translation of

DEACONS.

385

While the two Deacons have one duty in common,
that, namely, of waiting upon the Master and
Wardens, and serving as their proxies in the active
duties of the Lodge,* the Senior Deacon being the
especial minister of the Master, and the Junior of
the Senior Warden, they have peculiar and separate
duties distinctly appropriated to each.

The Senior Deacon. — The Senior Deacon, as I
have already remarked, is the especial attendant of
the Master. Seated at his right hand, he is ready
at all times to carry messages and to convey orders
from him to the Senior Warden, and elsewhere
about the Lodge.

He is also the proper officer to propose to every
candidate, in an adjoining apartment, and in the
presence of the Stewards, those questions which are
to elicit his declaration of the purity of the motive?
which have induced him to apply for initiation.f
For this purpose he leaves the Lodge room, previous
to the preparation of the candidate, and having pro-
posed the questions and received the appropriate
replies, he returns and reports the fact to the
Master.

He also takes an important part in the subsequent

Macoy's Manual, for the use of German Lodges. But the word " vorsteher1"
Js not to be found in Lennikg's German Encyclopedia of Freemasonry.

* " It is your province to attend on the Master and Wardens, and to act
as their proxies in the active duties of the Lodge."— Webb, InstaUaiion
Service, p. 104.

f Webb says that the declaration must " be assented to by a candidate in
an adjoining apartment previous to initiation," and he adds. " the Stewards
of the Lodge are usually present."— Monitor, p. 30.

386

DEACONS.

ceremonies of. initiation. He receives the candi-
date at the door,* and conducts him throughout all
the requisitions of the ritual. He is, from the
reason of his intimate connection with the candi-
date, the proper guardian of the inner door of the
Lodge.

It is his duty also to welcome all visiting brethren,
to furnish them with seats, and if they are entitled
to the honors of the Lodge, to supply them with the
collars and jewels of their rank, and conduct them
to their appropriate stations in the east.f

After the Lodge is opened, the altar and its sur-
rounding lights are placed under the especial care
of the Senior Deacon.

He also takes charge of the ballot box in all bal-
lots, places it on the altar in the customary form,
and after all the members have voted, exhibits it for
inspection to the Junior and Senior Wardens and
Master, in rotation.

In the inspection of members and visitors, before
the Lodge is opened, for the purpose of preventing
the intrusion of impostors among the brethren, the
north side of the Lodge is intrusted to the care of
the Senior Deacon.

The Junior Deacon. — This officer is the especia .
attendant of the Senior Warden ; and being seated
at his right hand, is prepared to carry messages

* According to the Prestonian work, it is the duty of the Inner Guard
(an officer not recognized in this country) " to receive candidates in »]ue
form."— See Preston, p. 80.

t Many Lodges keep a supply of Past Masters' collars an/1 jewels for thk
purpose.

DEACONS.

387

from hiin to the Junior Warden, and elsewhere
about the Lodge.

He takes very little part in the. ceremonies of
conferring the degrees, but as he is placed near the
outer door, he attends to all alarms of the Tiler, re-
ports them to the Master, and at his command, in-
quires into the cause. The outer door being thus
under his charge, he should never permit it to be
opened by the Tiler, except in the usual form, and
when preceded by the usual notice. He should
allow no one to enter or depart without having first
obtained the consent of the presiding officer.

An important duty of the Junior Deacon is to see
that the Lodge is duly tiled. Upon this the security
and secrecy of the institution depends ; and there-
fore the Junior Deacon has been delegated as an
especial officer to place the Tiler at his post, and to
give him the necessary instructions.

In the inspection of the brethren, which takes
place at the opening of the Lodge, the south side of
the room is intrusted to the care of the Junior
Deacon.

In the absence of the Senior Deacon, the Junior
does not succeed to his place ; but a temporary ap-
pointment of a Senior Deacon is made by the
Master.

If the Junior Deacon is absent, it is the usage for
the Master, and not the Senior Warden, to make a
temporary appointment. The. right of nominating
the Junior Deacon is vested in the Senior Warden
only on the night of his installation. After that, on

3s8

DEACONS.

the occurrence of a temporary vacancy, this right is
lost, and the Master makes the appointment by the
constitutional right of appointment which vests in
him.

It has been supposed by some writers that, as the
Deacons are not elected, but appointed by the Mas-
ter and Senior Warden, they are removable at the
pleasure of these officers. This, however, is not in
accordance with the principles which govern the
tenure of all Masonic offices. Although they are
indebted for their positions to a preliminary ap-
pointment, they are subsequently installed like the
other officers, take a similar obligation, and are
bound to the performance of their duties for a simi-
lar period. Neither Preston nor Webb say any-
thing, in the installation charge, of a power of
removal by those who appointed them. In fact it
is the installation, and not the appointment, that
makes them Deacons ; and deriving, therefore, their
right to office from this ceremony, they are to be
governed by the same rules which affect other in-
stalled officers. In England, the Wardens are ap-
pointed by the Master, but he cannot remove them
from office, the power of doing which is vested
solely in the Lodge.* In this country, the only

* " The Wardens or officers of a Lodge cannot be removed, unless for a
cause which appears to the Lodge to be sufficient ; but the Master, if he be
dissatisfied with the conduct of any of his officers, may lay the canse of com-
plaint before the Lodge ; and if it shall appear to the majority of the
brethren present that the complaint be well founded, he shall have power to
displace such officer, and to nominate another." — Constilutions of England,
ed. 18.17, p. 80.

STEWARDS.

389

mode known to the law of removing an officer is by
his expulsion, and this can only be done by the
Lodge, as in England, after trial. I hold, then,
that the analogy of the English law is to be ex-
tended to the appointed, as well as to the elected
officers — to the Deacons who are appointed here, as
well as to the Wardens who are appointed there ;
and that therefore a Deacon, having been once in-
stalled, derives his tenure of office from that instal-
lation, and cannot be removed by the Master or
Senior Warden. The office can only be vacated by
death or expulsion.*

SECTION VI.

THE STEWARDS.

The Stewards are two in number, and are ap-
pointed by the Junior Warden. They sit on the
right and left of that officer, each one having a white
rod, as the insignia of his office, and wearing the
cornucopia as a jewel.

Preston says that their duties are " to introduce
visitors, and see that they are properly accommo-
dated ; to collect subscriptions and other fees, and
to keep an exact account of the Lodge expenses."
W ebb adds to these the further duties of seeing
" that the tables are properly furnished at refresh-

* The jewels of the Deacons are a square and compasses, with the sun in
the centre for the Senior, and the moon for the Junior. In England the
jewel is a dove in its flight. The Deacons always carry rods as the insignia
of their office.

390

STEWARDS.

ment, and that every brother is suitably provided
for," and he makes them the assistants generally of
the Deacons and other officers in performing their
respective duties.*

There can be no doubt, from the nature of the
office in other institutions, that the duty of the
Stewards was originally to arrange, and direct the
refreshments of the Lodge, and to provide accom-
modations for the brethren on such occasions.
When the office was first established, refreshments
constituted an important and necessary part of the
proceedings of every Lodge. Although not yet
abolished, the Lodge banquets are now fewer, and
occur at greater -intervals, and the services of the
Stewards are therefore now less necessary, so far as
respects their original duties, as servitors at the
table. Hence new duties are beginning to be im-
posed upon them, and they are, in many jurisdic-
tions, considered as the proper officers to examine
visitors and to prepare candidates/!*

The examination of visitors and the preparation
of candidates for reception into the different de-
grees, requires an amount of skill and experience

* Lennino says that in those German Lodges which have introduced the
office of Stewards, they unite the duties of Deacons and Stewards, and are
the assistants of the two Wardens, whose stations they assume in their
absence. Encyc. der Freimaur in voce Schaffnek. They possess no such
prerogative in England or America. The French Lodges do not recognise
the office.

f " To the Stewards is Intrusted, in the hours of labor, the preparation of
candidates and the examination of visitors, for which purpose they should
acquire a competent knowledge of the mysteries of our institution. " — A hiraav
Eezon of So Carolina, p. Ty.

TILER.

391

which can be obtained only by careful study. It
seems, therefore, highly expedient that instead of
intrusting these services to committees appointed as
occasion may require, they should be made the
especial duty of officers designated at their instal-
lation for that purpose, and who will therefore, it
is to be supposed, diligently prepare themselves for
the correct discharge of the functions of their
office.

Preston says that at their installation the Master
and Wardens are the representatives of the Mas-
ter Masons who are absent, the Deacons of the
Fellow Crafts, and the Stewards of the Entered
Apprentices.

The Stewards, like the Deacons, although not
elected, but appointed, cannot, after installation, be
removed by the officer who appointed them.

I may remark, in conclusion, that the office is one
of great antiquity, since we find it alluded to and
the duties enumerated in the Old York Constitu-
tions of 926,* where the Steward is directed " to
provide good cheer against the hour of refresh-
ment," and to render a true and correct accourt of
the expenses.

SECTION VH

THE TILER.

This is a very important office, and like that of
the Master and Wardens, owes its existence, not to
any conventional regulations, but to the very Land-

* See ante p. 46, point 9.

392 TILER.

marks of the Order ;* for, froin the peculiar natuie
of our institution, it is evident that there never
could have been a meeting of Masons for Masonic
purposes, unless a Tiler had been present to guard
the Lodge from intrusion.

The title is derived from the operative art ; for,
as I have elsewhere explained it, u as in operative
Masonry, the Tiler, when the edifice is erected,
finishes and covers it with the roof (of tiles), so in
speculative Masonry, when the Lodge is duly organ-
ized, the Tiler closes the door and covers the sacred
precincts from all intrusion. "t

The first and most important duty of the Tiler is
to guard the door of the Lodge, and to permit no
one to pass in who is not duly qualified, and who
has not the permission of the Master 4 Of these
qualifications, in doubtful cases, he is not himself to
judge ; but on the approach of any one who is un-
known to him, he should apprize the Lodge by the
usual formal method. As the door is peculiarly
under his charge, he should never, for an instant, be
absent from his post. He should neither open the
door himself from without, nor permit it to be
opened by the Junior Deacon from within, without
the preliminary alarm.

* See ante p. 26, Landmark 11.

f Mackey's Lexicon of Freemasonry. The French and German Masons
preserve the same symbolic idea. In France the officer is called a " tuilleur,"
and the Lodge is said io be cowered. In German Lodges the word tiler is
literally translated by the title " ziegeldecker."

% Neither Preston, Webb, nor any of the other monitorial writers until the
time of Cross, prescribed any form of charge at the installation of the Tiler
Thf. duties, however, were well understood.

TILER.

393

A necessary qualification of a Tiler is, that he
should be a Master Mason. Although the Lodge
may be opened in an inferior degree, no one who
has not advanced to the third degree can legally
discharge the functions of Tiler.

As the Tiler is always compensated for hig
services, he is considered, in some sense, as the
servant of the Lodge. It is therefore his duty to
prepare the Lodge for its meetings, to arrange the
furniture in its proper place, and during the com-
munication to keep a supply of aprons, so as to fur*
nish each brother with one preparatory to his
entrance. He is also the messenger of the Lodge,
and it is his duty to deliver to the members
the summonses which have been written by the
Secretary.

The Tiler need not be a member of the Lodge
which he tiles ; and in fact, in large cities, one
brother very often performs the duties of Tiler of
several Lodges.

The office, however, in a subordinate Lodge, does
not, like that of Grand Tiler, disqualify him for
membership ; and if the Tiler is a member, he is
entitled to all the rights of membership, except that
of sitting in the communications, which right he
has voluntarily relinquished by his acceptance of
office.

It is usual, in balloting for candidates, to call the
Tiler (if he be a member) in, and request him to vote.
On such occasions the Junior Deacon takes his place
on the outside, while he is depositing his ballot.

!7*

394

CHAPLAIN.

The Tiler is sometimes appointed by the Master,
but is more usually elected by the Lodge.* After
installation, he holds his office by the same tenure
as the other officers, and can only be removed by
death or expulsion. Of course the Tiler, like every
other officer, may, on charges preferred and trial
had, be suspended from discharging the functions of
his office, during which suspension a temporary
Tiler shall be appointed by the Master. But as I
have already said, such suspension does not vacate
the office, nor authorize a new election.

SECTION Yin.

THE CHAPLAIN.

I can find neither example in" the old usages, nor
authority in any of the Ancient Regulations, for the
appointment of such an officer in a subordinate
Lodge as a Chaplain. I think it is only within a
few years that some Lodges have been led, by an
improper imitation of the customs of other socie-
ties, to inscribe him in the list of their officers.

The Master of a Lodge, by the ritualistic usages
of the Order, possesses all the sacerdotal rights
necessary to be exercised in the ceremonies of our
institution. There is therefore no necessity for a
Chaplain, while I have no doubt that as the ritual
prescribes that certain duties shall be performed
by the Master, he is violating the Landmarks when

* In England he is always elected.

CHAPLAIN.

395

he transfers the performance of those duties to
another person, who holds no office recognized by
any of our regulations.

This section is therefore inserted, not to prescribe
the duties of the Chaplain of a Lodge — for I know
not where to find the authority for them — but to
enable me to express my opinion that the appoint-
ment of Chaplains in subordinate Lodges is an
innovation on ancient usage, which should be
discouraged.

Of course, on public occasions, such as the cele-
bration of the festivals of the patron Saints of
Masonry, when there are public prayers and ad-
dresses, there can be no objection, and indeed it is
advisable to invite a clergyman, who is a Mason, to
conduct the religious portion of the exercises.

CHAPTER IT.

HtUcs of <£rtrer.

In all well regulated societies, it is absolutely
necessary that there should be certain rules, not
only for the government of the presiding officer, Imt
for that of the members over whom he presides.
It is not so material what these rules are, as that
they should be well known and strictly observed *
The Parliamentary law, or that system of regula-
tions which have been adopted for the government
of legislative bodies in England and America, and
which constitutes the basis of the rules for conduct-
ing business in all organized societies, whether pub-
lic or private, in these countries, is, in many of its
details, inapplicable to a Masonic Lodge, whose
Rules of Order are of a nature peculiar to itself.
Still the Masonic rule is, as it has been judiciously
expressed by Bro. French, " that where well settled
Parliamentary principles can be properly applied to
the action of Masonic bodies, they should always

* Hatsell, who is excellent authority on the subject, says, " whether
these forms be in all cases most rational or not, is really not of so great in>
portance. It is much more material that there should be a rule to go by
than what that rule is. -^-Oiled in Jefferson, Man. p. 14

OEDEB OF BUSINESS.

397

govern ; but they should never be introduced where
they in any way interfere with the established cus-
toms or Landmarks of Masonry, or with the high
prerogatives of the Master."* In the discussion of
this subject, it is not proposed, in the present chap-
ter, to give anything more than a mere outline of
the usage to be pursued in conducting the business
of a Lodge ; for many of the most important regula-
tions to be observed will be found under appropri-
ate heads, interspersed throughout this work.

©rfcer of Business.

1. After a Lodge has been opened according to
the formalities of the Order, the first thing to be
done is the reading of the minutes of the preceding
communication. These are then to be corrected
and confirmed by a vote of the Lodge.

2. But to this rule there is this qualification, that
the minutes of a regular or stated communication
cannot be altered or amended at a special one.f

3. The Lodge being opened and the minutes read,
it may then proceed to business, which will generally
commence with the consideration of the unfinished
business left over from the last meeting. But the
order of business is strictly under the direction of
the Master, who may exercise his own discretion in

* Application of Parliamentary Law to the Government of Masonic
Bodies— Americ. Quart. Rev. of Freemas., vol. i. p. 325.

f " No Lodge can, at an extra meeting, alter or expunge the proceedings
of a regular meeting."— Ahim. Rez. So. Ca. p. 84, ed. 185?

393

ORDER OF BUSINESS.

the selection of the matters which are to come be
fore the Lodge, subject, of course, for an arbitrary
or oppressive control of the business to an appeal
to the Grand Lodge.

4. No alarms should be attended to at the door,
nor members or visitors admitted during the time
of opening or closing the Lodge, or reading the
minutes, or conferring a degree.

5. All votes, except in the election of candidates,
members or officers, must be taken by a show of
hands * and the Senior Deacon will count and re-
port to the Master, who declares the result.

6. No Lodge can be resolved into a " committee
of the whole," which is a parliamentary proceeding,
utterly unknown to Masonry .+

7. The minutes of a meeting should be read at its
close, that errors may at once be corrected and
omissions supplied by the suggestion of those who
were present during the transactions ; but these
minutes are not to be finally confirmed until the
next regular communication.

* On the 6th April, 1736, the following regulation was adopted by the
Grand Lodge of England. — See Anderson, second edit. p. 178. " The
opinions or votes of the members are always to be signified by each holding
up one of his hands, which uplifted hands the Grand Wardens are to count,
unless the number of hands be so unequal as to render the counting useless.
Nor should any oL,her kind of division be ever admitted among Masons."
The Grand Lodge of South Carolina says the right hand, the Grand Lclge
of New York, the left. I adopt the middle course, and adhere to the original
regulation, which leaves it indifferent which hand is u^ed.

t " Committees of the whole are utterly out of place in a Masonic body.
Lodges can only do business with the Master in the chair." — French, «l
supra

RULES OF DEBATE.

390

8. Masonic decorum requires that during the
transaction of business, the brethren shall not enter-
tain any private discourse, nor in any other wav
disturb the harmony of the Lodge.*

a&ules of Befiate.

9. No brother car^ speak more than once on any
subject without the permission of the chair.f

10. Every brother must address the chair stand-
ing ; he must confine himself to the question under
debate, and avoid personality.

11. Any brother who transgresses this rule may
be called to order, in which case the presiding offi-
cer shall immediately decide the point of order,
from which decision there can be no appeal to the
Lodge. .

12. When two or more brethren rise at once in a
debate, the Master shall name the brother who is
first to speak.

13. No motion can be put unless it be seconded,
and if required, it must be reduced to writing.

14. Before the question is put on any motion, it
should be distinctly stated by the chair.

* " You are not to hold private committees, or separate conversation,
without leave from the Master, nor to talk of anything impertinent or nn
seemly, nor interrupt the Master or Wardens, or any brother speaking to the
Master."— CTiargres 0/1721.

f " No brother is to speak but once to the same affair, unless to explain
himself, oj when called by the chair to speak."— Regulation adopted Jf^H
21, 1730. A.NDERSON, second edit. p. 177.

100

RULES OF DEBATE.

15. When a question is under debate, no motion
can bo received but to lie on the table ; to postpone
to a certain time ; to commit ; to amend, or to post-
pone indefinitely, which several motions, by Par-
liamentary usage, have precedence in the order in
which they are arranged ; and no motion to post-
pone to a certain time, to commit, or to postpone
indefinitely, being decided, is again allowed at the
same communication.

16. When motions are made to refer a subject to
different committees, the question must be taken in
the order in which the motions were made.

17. When a motion has been once made and car-
ried in the affirmative or negative, it is in order for
any member who voted in the majority to move
for a reconsideration thereof at the same com-
munication.

18. When an amendment is proposed, a member
who has already spoken to the main question may
again speak to the amendment.

19. Amendments may be made so as totally to
alter the nature of the proposition, and a new reso-
lution may be ingrafted, by way of amendment, on
the word " resolved."

20. When a blank is to be filled, and various pro-
positions have been made, the question must be
taken first on the highest sum or the latest time
proposed.

21. Any member may call for a division of a
question, which division will take place if a ma-
jority of the members consent.

COMMITTEES.

22. A motion to lie on the table is not debate-
able, nor is one in the Grand Lodge to close the
session on a given day.*

23. A motion for adjournment is unmasonic, and
cannot be entertained. t

24. No motion for the " previous question" can
be admitted.!

(Committees.

25. All committees must be appointed by the
chair, unless otherwise specially provided for, and
the first one named on the committee will act as
chairman ; but no one should be appointed on a
committee who is opposed to the matter that is
referred. §

26. A committee may meet when and where it
pleases, if the Lodge has not specified a time and
place. But a committee can only act when together,
and not by separate consultation and consent.!

27. The report of a committee may be read by
the chairman, or other member in his place, or by
the Secretary of the Lodge.

* These rules of debate, from ten to twenty-two, are derived from wel?
known principles of Parliamentary law, but are strictly applicable to the con-
duct of business in Masonic Lodges.

t The Master alone has the right of closing his Lodge, and a motion for
adjournment would necessarily interfere with his prerogative.

$ " The previous question being unknown to Ancient Masonry, should find
no resting place in a regular Masonic Lodge." — Com. of Cbrresp. G. L. of
Vermont. 1851.

§ On the principle that " the child is not to be put to a nurse that cares
not for it." — Grey, cited by Jefferson, Man. p. 52.

|| " Nothing is the report of the committee bijt what has been agreed to ir-
committee actually assembled."— Jefferson, p. 53.

402

ELECTIONS.

28. A majority of a committee constitutes a
quorum for business.

29. When a report lias been read, if no objections
are made, it is considered as accepted ; but if ob-
jections are made, the question must be put on its
acceptance.

30. If the report contains nothing which requires
action, but ends with resolutions, the question must
be on agreeing to the resolutions.

31. If the report embodies matters of legislation,
the question must be on adopting the report, and
on agreeing to the resolutions, if resolutions are ap-
pended ; but if there is no action recommended by
the report, and no resolutions are appended to it,
the acceptance of the report, either tacitly or by
vote, disposes of it.

32. Reports may be recommitted at any time
before final action has been taker on them.

33. The election of candidates for initiation, or
of Masons for affiliation, must be conducted with
white and black balls, and the result will be de-
clared by the Junior and Senior Wardens and
Master, in rotation, after inspection.

34. When the report of a committee on a petition
for initiation or affiliation is unfavorable, it is un-
necessary to proceed to a ballot ; for, as the vote
must be unanimous, the unfavorable opinion already
expressed of at least two members of the committee
is in itself a rejection. It is not to be presumed

ELECTIONS. 40B"

that the committee would report agninst and vote
for the candidate. Of course it is to be understood
in these eases that an unfavorable report by a com-
mittee is equivalent to a rejection. But some Grand
Lodges have said that a ballot must be taken in all
cases, and this, though not the general usage, is no
violation of a landmark.

35'. In an election for officers, two tellers are to be
appointed to receive and count the votes, and the
result must be declared by the Master.

36. Nominations of candidates for office are in
order, and according to ancient usage * but if a
member is elected who had not been nominated, the
election will still be valid ; for a nomination, though
permitted, is not absolutely essential.

37. Where the by-laws of a Lodge do not pro-
vide otherwise, the election of an officer may be
taken by a show of hands, if there be no opposing
candidate.'!*

In conclusion, to oorrow the language of Bro.
French, from the able article already quoted, " let
me say that no general rules can be laid down that
will meet all special eases ; and proper considera-
tion and good judgment will almost always lead a
properly qualified Master to decide right."

* The old records tell us that on June 24, 1717, " before dinner, the oldest
Master Mason (now the Master of a Lodge) in the chair, proposed a list of
proper candidates ; and the brethren, by a majority of hands, elected Mr,
Anthony Sayre, gent., Grand Master of Masons."— Anderson, sec. ed. p. 109.

f But if the by-laws require a ballot, it must be taken, even if there be nc
opposition ; for a subordinate Lodge cannot suspend its by-laws, although a
Grand Lodge can, by unanimous consent

BOOK V.

Stefo relating h (Jpanb Eobgpx,

Lodges are the aggregations of Masons as individuals in
their primary capacity. Grand Lodges are the aggregations
of subordinate Lodges in their representative capacity. The
regular progress of our inquiries has hitherto been from the
candidate to the Mason, and from the Mason to the Lodge.
I now complete the series by passirg from the Lodge to the
Grand Lodge. This will therefore be the subject matte c of
the Fifth Book.

CHAPTEK I.

Hie Xature of a CSratxtr

Lekning defines a Grand Lodge to be u the dog-
matic and administrative authority of several par-
ticular Lodges of a country or province, which is
usually composed of the Grand officers and of the
presiding officers of these particular Lodges, or
of their deputies, and which deliberates for their
general good.7'*

The Old Charges of 1722 gave a more precise
definition, and say that u the Grand Lodge consists
of, and is formed by, the Masters and Wardens of
all the regular particular Lodges upon record, with
the Grand Master at their head, and his Deputy on
his left hand, and the Grand Wardens in their
proper places."!

Both these definitions refer to an organization
which is comparatively modern, and which dates its
existence at a period not anterior to the beginning
of the last century. Perfectly to understand the
nature of a Grand Lodge, and to comprehend the

* Encyctopadie der Freimaurerei, word Orient.
t Anderson's Count first edit. p. 61 and aide p. 68.

108 NATURE OF A GRAND LODGE.

process by which such a body has changed its
character, from an aggregation of all the Masons
living in a particular jurisdiction, to a representa-
tive body, in which all, except a select few, have
been excluded from its deliberations, we must go
back to the earlier published records that we pos-
sess tff the history of the institution.

The duty, as well as the right of the craft, to hold
an Annual Meeting, in which they might deliberate
on the state of the Order, and make necessary
general laws for its government, may be considered,
in consequence of its antiquity and its universality,
to possess all the requisites of a Landmark.

The first written notice that we have of the
existence of a Grand Lodge or General Assembly
of the fraternity, is contained in the old manuscript
of Nicholas Stone, which Preston tells us was, with
many others, destroyed in the year 1720, but of a
portion of which Anderson, as well as Preston, gives
a copy in the second edition of his Book of Consti-
tutions.* We are there informed that about the
year 293,t St. Alban, the proto-martyr of England,
who was a great patron of the fraternity, obtained
a charter from Carausius to permit the Masons to
hold a general council, to which he gave the name

* See Anderson, second edit p. 57. Let me here remark, thal^whatever
may be said against the edition of Anderson, published in 1738, and which
is the last that he edited, on account of the changes which it contains in tha
Charges of 1722, it is infinitely superior in the historical part to the first edi-
tion of 1723, whose meager and unsatisfactory details have justly been the
cause of much complaint.

f This is the date given by Resold.— Hist, de la Francmagon, p. 95.

NATURE OF A GRAND LODGE. 409

of Assembly, and over which he presided as Grand
Master.

In consequence of the subsequent political condi-
tion of England, Masonry, with the other arts and
sciences, declined, and it is not probable that the
annual assemblies of the fraternity were regularly
maintained. About the beginning of the tenth
century, however, the institution revived, and
Prince Edwin, the brother* of King Athelstan,
obtained from that monarch a charter for the
Masons to renew their General Assembly or Grand
Lodge.

Accordingly, in the year 926, says Anderson,
* Prince Edwin summoned all the Free and Accepted
Masons in the realm to meet him in a congregation
at York, who came and formed the Grand Lodge
under him as their Grand Master."t

This was an important communication, for it was
here that the Old York or Gothic Constitutions
were framed — the oldest copy that is extant of a
code of Masonic Regulations, and which formed the
basis of all the Constitutions that were subsequently
adopted.4;

In these Constitutions we find the assertion of the
right and duty of all the members of the craft to
attend the communications of the Grand Lodge, and

* In the first edition of Anderson he is called " the youngest son," an
error which was corrected in the second and subsequent editions,

t Anderson, second edit. p. 64.

t See a condensed exemplar of these Constitutions at page 42 of this
work.

410 NATURE OF A GRAND LODGE.

also a brief summary of the organization and funo
tions of that body.*

There is one peculiarity about these Constitutions
which, in passing, I desire to notice, as it is con-
nected with the legal history of Grand Lodges.
The Fellow Crafts were permitted to attend the
General Assembly, but the Apprentices are not
alluded to, because they were not, at that time, con-
sidered as " men of the craft."
* It is probable that from that time the Annual
Grand Lodges continued to be held, although not
with uninterrupted regularity ; for, while Masonry
flourished under some of the English monarcli3,
under others it declined. At all events we learn
from an ancient record, a copy of which is given by
Anderson, that in the reign of Edward III. a Grand
Lodge was held, and certain important regulations
enacted for the government of the craft. This
was between the years 1327 and 1877, but the
exact date is not furnished by either Preston or
Anderson.f

* " They ordained there an assembly to be held

Every year, wheresoever they would,

To amend errors, if any were found,

Among the craft within the land ;

Each year or third year it should be held,

In every place wheresoever they would ;

Time and place must be ordained also

In which place they should assemble ;

All the men of the craft must be there."
—Gotiiic Constituiiom, linos 471-479. I have modernized the orthography,
which, without affecting the meaning, has destroyed the very little pretension
that the original had to rhyme. Oliver's condensation of this " ordinance"
will be found in the present work at p. 47.
f A>nEK80N, second edit. p. 71 ; Pkeston, p. 137.

NATURE OF A GRAND LODGE.

Ill

In 1425, these meetings still continued, for in
that year, in the reign of Henry VI., Parliament
passed an act to prohibit u the yearly congregations
and confederacies made by Masons in their general
assemblies."*

This act was, however, we are informed, never
enforced ; and we again hear of the General As-
sembly as having met in 1434.

In the reign of Queen Elizabeth, on the 27th De-
cember, 1561, we have an account of a Grand Lodge
which was held at York — Sir Thomas Sackville
being Grand Master ; and the record is singular, in-
asmuch as it states two important facts, namely, that
several persons were made Masons by the Grand
Lodge, and that after they were made, they joined
in the communication,'!* which proves that the custom
still continued of admitting all members of the craft
to assist in the General Assembly.

The next Grand Lodge, whose communication
was of such importance as to entitle it to a place in
the records of the institution, was that which was
held on the 27th December, 1663, when the Earl of
St. Albans was Grand Master, and when several
judicious regulations were enacted.*):

From this time General Assemblies were annually
held, both at York and London, until the beginning
of the eighteenth century, when, owing to the

* Anderson, second edit. p. 74 ; Preston, p. 141.

f This was the celebrated meeting to which Queen Elizabeth sent an
armed force to break up the assemblage. See Anderson, second edit, p
81, and Preston, p. 154.

i Anderson second edit. p. 101.

412 NATURE OF A GRAND LODGE.

neglect of Sir Christopher Wren, the Grand Master,
and to some other causes, the Annual Assembly, we
are told, was not duly attended.*

But now we arrive at an important era in the his-
tory of Masonry. In 1716, there were only four
Lodges in existence in London, and no others in the
whole south of England. These four Lodges deter-
mined, if possible, to revive the institution from its
depressed state, and accordingly they met in Febru-
ary, 1717, at the Apple-tree Tavern, (whose name
has thus been rendered famous for all time,) and
after placing the oldest Master Mason, who was the
Master of a Lodge, in the chair, they constituted
themselves into a Grand Lodge, and resolved, says
Preston, " to revive the quarterly communications
♦ of the fraternity." On the following St. John the
Baptist's day, the Grand Lodge was duly organized,
and Mr. Anthony Sayre was elected Grand Master,
who " appointed his Wardens, and commanded the
brethren of the four old Lodges to meet him and
the Wardens quarterly in communication. "f From
that time Grand Lodges have been uninterrupt-
edly held, receiving, however, at different periods,
various modifications, which are hereafter to be
noticed.

The records from which this brief history has
oeen derived, supply us with several facts, from
which we may elicit important principles of law.

* Anderson, second edit. p. 108.

1 1 again quote the words of Preston, but Anderson says he commanded
" the Masters and Wardens."

NATURE OF A GKAND LODGE. 4x3

In the first place, we find that originally the
meetings of the fraternity in their General Assembly
or Grand Lodge, were always annual. The old
York Constitutions, it is true, say that the assembly
might be held triennially ; but wherever spoken of.
in subsequent records, it is always as an Annual
Meeting. It is not until 1717 that we find anything
said of quarterly communications ; and the first al-
lusion to these subordinate meetings in any printed
work, to which we now have access, is in 1738, in
the edition of the Constitutions published in that
year. The expression there used is that the quar-
terly communications were " forthwith revived.77
This of course implies that they had previously
existed ; but as no mention is made of them in the
Regulations of 16G3, which, on the contrary, speal*
expressly only of an " Annual General Assembly,"
I feel authorized to infer that quarterly communica-
tions must have been first introduced into the Ma-
sonic system after the middle of the seventeenth
century. They have not the authority of antiquity,
and have been very wisely discarded by nearly all
the Grand Lodges in this country.

In the next place, it will be observed that at the
Annual Assembly, every member of the craft was
permitted to be present, and to take a part in the
deliberations. But by members of the craft, in the
beginning, were meant Masters and Fellows only.
Apprentices were excluded, because they were not
entitled to any of the privileges of craftsmen.
They were not free, but bound to their Masters, and

414

NATURE OP A GRAND LODGfci.

in the same position that Apprentices now are in
any of our trades or mechanical employments. The
institution was then strictly operative in its charac-
ter ; and although many distinguished noblemen
and prelates who were not operative Masons, were,
even at that early period, members of the Order
and exalted to its highest offices, still the great mas*,
of the fraternity were operative, the workmen were
engaged in operative employments, and the institu-
tion was governed by the laws and customs of an
operative association.

In this respect, however, an important change
was made, apparently about the beginning of the
eighteenth century, which had a remarkable effect
on the character of the Grand Lodge organization.
Preston tells us that at that time a proposition was
agreed to u that the privileges of Masonry should no
longer be restricted to operative Masons, but extend
to men of various professions, provided they were
regularly approved and initiated into the Order."*
Now, as it is known that long before that period
" men of various professions" had been admitted
into the Order, and as we find a king presiding as
Grand Master in 1502, and many noblemen, pre-
lates, and distinguished statesmen occupying the
same post, before and after that period, it is evident
that this Regulation must be construed as meaning
that the institution should throw olf from that time
its mixed operative and speculative character, and
become entirely speculative. And we are war*

* PllESTON, p. ISO.

NATURE OF A GRAND LODGE. 415

ranted in making this conclusion by the facts of
history.

In 1717, and very soon after, we find such men as
Anderson and Desagulicrs, who were clergymen and
philosophers, holding high positions and taking an
active part in the Order, and the Society from that
time devoted itself to the pursuit of speculative
science, leaving the construction of cathedrals and
palaces to the operative workmen, who, as such,
were unconnected with the Order.

Now, the first effect of this change was on the
character of the class of Apprentices. They were
no longer, as in the olden time, youths placed under
the control of Masters, to acquire the mysteries of a
trade, but they were men who had been initiated
into the first degree of a Mystic Association. The
great object of the Apprentices in the operative art
was to acquire a knowledge of that art, and being
made free by the expiration of their time of- service,
which the oldest Constitutions prescribed should be
seven years, to be promoted to the rank of Crafts^
men, when they would be entitled to receive wages,
and to have a voice in the deliberations of the
Society,

The Apprentices in the speculative science but
seldom proceeded further. The mass of the old
Society consisted of Fellows, or Fellow Crafts ; that
of the- new organization was composed of Appren-
tices. The primitive Lodges were made up of
Fellow Crafts principally ; the modern ones of Ap-
prentices. Anderson, Preston, and all the old

3:16 NATURE OF A GRAND LODGE.

Charges and Constitutions will afford abundant
proofs of this fact.*

The Apprentices having thus become the main
body of the fraternity, the necessary result was,
that occupying, in this respect, the place formerly
filled by the Fellow Crafts, they assumed all the
privileges which belonged to that class. And thus
we arrive at the fact, and the reason of the fact, that
in 1717, at the re-organization of the Grand Lodge,
Entered Apprentices were admitted to attend the
Annual Assembly ; and we can satisfactorily appre-
ciate that clause in the thirty-ninth of the Regula
tions, adopted in 1721, which says that no new
regulation should be adopted until, at the Annual
Assembly or Grand Feast, it was offered in writing
to the perusal of all the brethren, "even of the
youngest Entered Apprentice"

From Anderson and Preston, who are unfortu-
nately the only authorities we possess on the condi-
tion of Masonry in England in the year 1717, we
Aare enabled to collect the following facts :

When the Grand Lodge was re-organized in 1717,
all the members of the four Lodges then in exist-
ence had a right to be present at all the communi-

* " At first Fellow Crafts and Master Masons could only be made in the
Grand Lodge, and it is so directed in the thirteenth of the Regulations of
1721. But in November, 1725, the Master and Wardens of a subordinate
Lodge, with the assistance of a competent number of brethren, were permit-
ted to confer the second and third degrees." — Anderson, second edit. p. 160.
But it will be found that as soon as the Lodges were invested with this
power,- the Apprentices began to lose the prerogative of attending tl#
General Assembly.

NATURE OF A GRAND LODGE.

417

cations of the Grand Lodge ; but when new Lodges
were formed, this privilege was restricted to their
Masters and Wardens, though it seems that at the
Grand Feast, which took the place of the Annual
General Assembly, Fellow Crafts and Entered Ap-
prentices were still permitted to appear and express
their opinions.

The members of the four old Lodges, having first
secured their inherent rights by the adoption of a
resolution in the Grand Lodge that no law should
ever be passed which would infringe their •imme-
morial privileges, thought it no longer necessary
that they should attend the communications of the
Grand Lodge ; and they too, like the other Lodges,
trusted implicitly to their Masters and Wardens as
their representatives in the Grand Lodge, so that
soon after 1717, and before the year 1721, the quar-
terly communications of the Grand Lodge were
composed only of the Masters and Wardens of the
subordinate Lodges, with the Grand Master and
his officers.

But the General Assembly was still attended by
the whole of the craft, whose large numbers soon be-
gan to prove an inconvenience ; for we are informed
by Anderson that in the year 1721, the number of
Lodges had so increased that the General Assembly,
requiring more room, was removed from the Goose*
and-Gridiron Ale-house to Stationers7 Hall.*

* " Payne, Grand Master, observing the number of Lodges to increase,
and that the General Assembly required more room, proposed the next
Assembly and feast to be held at Stationers' Hall, Ludgate Street.'' — Ander
son, second edit. p. 112.

is*

418 NATURE OF A GRAND LODGE.

Now, the statement of these facts enables us to
reconcile two apparent contradictions in the thirty
nine Regulations that were adopted in 1721.

The Twelfth Regulation says that the Grand
Lodge consists of the Masters and Wardens only •
and yet the Thirty-seventh provides that at the
Grand Feast the Grand Master " shall allow any
Brother, Fellow Craft, or Apprentice to speak, or
to make any motion for the good of the fraternity."
The apparent contradiction in these passages may
be now readily explained. The Twelfth Regulation
refers to the quarterly communications, where the
Masters and Wardens only were present ; the Thirty-
seventh Regulation to the General Assembly, where
all the craft were permitted to attend.

But this privilege of attending even the Annual
Communication was soon taken from the members
of the Lodges. At what precise period it is impos-
sible to say, for the student of Masonic history
finds himself repeatedly at fault,' not only from the
paucity of details and want of precision in the
authorities, but frequently from the contradictory
statements of the same authority. But we may
gather many important suggestions from the regu-
lations which were adopted at various times, while
the Grand Lodge appears to have been gradually
settling down into a permanent organization, and
which will be found in the second and subsequen
editions of the Book of Constitutions.

Thus, on the 26th of November, 1728, it was
enacted that if any officer of a Lodge could not at

NATURE OF A GRAND LODGE.

419

tend the meeting of the Grand Lodge, he might
send a brother of that Lodge, "but not a mere
Entered Apprentice."* This shows that Appren-
tices, at least, were by this time disfranchised.

Again : the Thirty-ninth Regulation, adopted in
1721, had made it necessary that every amendment
to or alteration of any of the Old Regulations must
be submitted, at the Annual xVssembly, to the perusal
of even the youngest Apprentice, and be approved
by a majority of all the brethren present. But on
the 25th of November, 1723, it was resolved that
any Grand Lodge has the power to amend or explain
any of the regulations ; and accordingly the ex-
planation is appended to this regulation in the
second edition of the Book of Constitutions, that
new regulations may be made "without the con-
sent of all the brethren, at the Grand Annual
Feast."t

And finally : on the 6th of April, 1736, a Fortieth
Regulation was adopted,. which explicitly declared
" that no brothers should be admitted into the
Grand Lodge but those that are the known mem-
bers thereof, viz : the four present and all former
Grand Officers, the Treasurer and Secretary, tha
Masters and Wardens of all regular Lodges, the
Masters and Wardens and nine more of the Stew-
ards' Lodge, except a brother who is a petitioner
or a witness in some case, or one called in by
motion. "\

* Anderson, second edition, p. 159.

t Ibid, p. L76. t Ibid, p. 176.

i20 NATURE OF A GRAND LODGE.

Here is an instance of that want of precision
of which I haye just complained. This new regu-
lation may refer only to the quarterly communi-
cations, although that would hardly have been
necessary, as the organisation of those meetings had
already been provided for, or it may refer to all
communications, both quarterly and annual. If the
latter were the case, then it is clearly a disfranchise-
ment of the Fellow Crafts and Apprentices. At all
events the spirit of the regulation shows a growing
tendency in the Masons of that time to restrict mem-
bership in the Grand Lodge to the Grand Officers
and Masters and Wardens, and to make that body
strictly representative in its character.

We thus learn that Grand Lodges were at first
annual assemblages, at which the Masters and Fel-
lows of every Lodge were permitted to be present.
They next became quarterly, as well as annual, and
Apprentices, as well as Masters and Fellows, were
permitted to attend. And finally, none were al-
lowed to participate in the deliberations except the
Masters and Wardens of the Lodges.

Let us now inquire what, after all these vicissi-
tudes, has at length been settled upon, by general
consent, as the organization of a Grand Lodge in
the present day.

A Grand Lodge may be defined to be a congrega-
tion of the representatives of the subordinate Lodges
in a jurisdiction, with the Grand Master and Grand
Officers at their head. It properly consists of the
Grand and Deputy Grand Master, the Grand Ward-

NATURE OF A GRAXD LODGE.

421

ens, the Grand Chaplain,* Grand Treasurer and
Grand Secretary, for the time being, with the Mas-
ters and Wardens of the subordinate Lodges.

Every Grand Lodge is competent to make regu-
lations admitting other members ; and accordingly
Past Grand Officers and sometimes Past Masters are
allowed to sit as members, but these possess no such
inherent right, and must be indebted for the privi-
lege altogether to a local regulation.!

The powers and duties of Grand Lodges will be
the subject of discussion in the following chapter.

It only remains to consider the proper mode of
organizing a Grand Lodge in a territory where no
such body has previously existed. Perfectly to un-
derstand this subject, it will be necessary to com-
mence with the first development of Masonry in any
country.

Let us suppose, then, that there is a territory of
country within whose political bounds Freemasonry
lias never yet been introduced in an organized form.
There may be, and indeed for the execution of the
law which is about to be explained, there must be
an adequate number of Master Masons, but there is
no Lodge. Now, the first principle of Masonic law

* In the Thirteenth Regulation of 1721, the Grand Chaplain is not men-
tioned, but at that time the office did not exist. It is clear that after the
establishment of the office among the Grand Officers, he should be entitled to
all the privileges belonging to the rest of his class.

t " Thus the privilege of membership in the Grand IiOdge was extended by
a special regulation in 1724 to Past Grand Masters, in 1725 to Past Depu-
ties, and in 1727 to Past Grand Wardens." — Anderson, second edition
pp. 158-159.

422

MATURE OF A GRAND LODGE.

to which attention is to be directed, in this condi-
tion of things, is, that any territory into which
Masonry has not been introduced in the organized
form of Lodges, is ground common to all the Ma-
sonic authorities of the world ; and therefore that
it is competent for any Grand Lodge to grant a
warrant of constitution, and establish a Lodge in
such unoccupied territory, on the petition, of course,
of a requisite number of Masons. And this right
of granting warrants inures to every Grand Lodge
in the world, and may be exercised by as many as
choose to do so, as long as no Grand Lodge is
organized in the territory. So that there may be
ten or a dozen Lodges working at the same time in
the same territory, and each one of them deriving
its legal existence from a different Grand Lodge.*

In such a ease, neither of the Grand Lodges who
have granted warrants acquires, by any sueh act,
exclusive jurisdiction over the territory, which is
still open for the admission of any other Grand
Lodge, with a similar power of granting warrants.
The jurisdiction exercised in this condition of Ma-
sonry by the different Grand Lodges, is not over
the territory, but over the Lodge or Lodges which
eacli of them has established.

But afterwards these subordinate Lodges may
desire to organize a Grand Lodge, and they are
competent to do so, under certain restrictions.

* " Thus, at the time of the organization of the Grand Lodge of California
In 1850, there were five Lodges in that State working under the authority of
the Grand Lodges of the District of Columbia, Connecticut, Missouri, New
Jersey and 1 Louisiana." — Trans. G. L. California, p. 12.

NATURE OF A GRAND LODGE.

423

In the first place, it is essential that not less than
three Lodges shall unite in forming a Grand Lodge.
Dermottj without any other authority that I can
discover than his own ipse dixit, says that not less
than five Lodges must concur in the formation of a
Grand Lodge,* and Dr. Dalcho, who was originally
an " ancient York Mason." repeats the doctrine ;t
but if this be the true state of the law, then
the Grand Lodge of England, which was organized
in 1717, with the concurrence of only four Lodges,
must have been irregular.^ The fact is that there
is no ancient regulation on the subject ; but the „
necessity of three Lodges concurring is derived
from the well known principle of the civil law that
a college or corporate body must consist of three
persons at least.§ Two Lodges could not unite in
a Masonic college or convention, nor form that cor-
porate body known as a Grand Lodge. But not
more than three are necessary, and accordingly the
Grand Lodge of Texas, which was established in
1837, by three Lodges, was at once recognized as
regular and legal by all the Grand Lodges of the
United States and other countries.

* Ahiraan Rezcn, p. ariii. third edit f P- 154:> edit- 1822«
% The Grand Lodge of Ohio was organized in 1808 by only four Lodges,
and some doubt was expressed at the time by the members of the regularity
of the organization. A committee was appointed to investigate the question,
of which Bro. Lewis Cass— since distinguished for his investigations in another
field— was the chairman. The committee reported the example of the Grand
Lodge of England as a precedent, and the organization was consummated.
It is strange that any doubt should have been entertained on the subject, as
the only authority for five Lodges which at that time could have been quoted
was the spurious one of Dermott.
§ Tres faciunt collegium.

424

NATURE OF A GRAND LODGE.

As soon as the new Grand Lodge is organized,
it will grant warrants to the Lodges which formed
it, to take effect upon their surrendering the war-
rants under which they originally acted to the
Grand Lodges, from which they had derived them
There is no regulation prescribing the precise time
at which these warrants are to be surrendered ; but
it seems reasonable to suppose that they could not
surrender them before the new Grand Lodge is
organized, because the surrender of a warrant is the
extinction of a Lodge, and the Lodges must pre-
serve their vitality to give them power to organize
the new authority.

The Grand Lodge thus formed, by the union of
not less than three Lodges in convention, at once
assumes all the prerogatives of a Grand Lodge, and
acquires exclusive Masonic jurisdiction over the
territory within whose geographical limits it has
been constituted. No Lodge can continue to exist,
or be subsequently established in the territory, ex-
cept under its authority ; and all other Grand
Lodges are precluded from exercising any Masonic
authority within the said territory.

These are all principles of Masonic law which
seem to be admitted by universal consent, and sanc-
tioned by constant usage in such organizations.

CHAPTER II.

Et)t Spotoers of a C&rantr 3LoXiqz>

A Grand Lodge is the supreme Masonic authority
of the jurisdiction in which it is situated, and faith-
ful allegiance and implicit obedience is due to it
from all the Lodges and Masons residing therein.
Its functions and prerogatives are therefore of the
most extensive and important nature, and should be
carefully investigated by every Mason who desires
to become acquainted, not only with his duties to
the Order, but with his own rights and privileges
in it.

The functions of a Grand Lodge are usually
divided into three classes. They are —

1. Legislative;

2. Judicial;

3. Executive.

In its legislative capacity, a Grand Lodge makes
the laws ; in its judicial, it explains and applies
them ; and in its executive, it enforces them. Each
of these functions will require a distinct section for
its consideration.

126

LEGISLATIVE POWERS OF

SECTION I.

THE LEGISLATIVE POWERS OF A GRAND LODGE.

The Old York Constitutions of 926 declare that
" the General Assembly or Grand Lodge shall con-
sist of Masters and Fellows, Lords, Knights and
Squires, Mayor and Sheriff, to make new laivs and
to ^confirm old ones, when necessary."*

The Regulations of 1721, enlarging on this defi-
nition, assert that " every Annual Grand Lodge has
an inherent power and authority to make new regu-
lations, or to alter these, for the real benefit of this
ancient fraternity, provided always that the old
Landmarks be carefully preserved. "t.

Both of these Regulations, it will be seen, acknow-
ledge, in unmistakable terms, that the law-making
power is vested in the Grand Lodge. But the lat-
ter one couples this prerogative with a qualification
of so important a nature that it should be constantly
borne in mind, when we are speaking of the legis-
lative function of Grand Lodges. Although the
Grand Lodge may make laws, these laws must
never contravene the Landmarks ; for the whole
power of the Grand Lodge, great as it is, is not
sufficient to subvert a Landmark. If Jupiter is the
supreme governor, yet he must yield to the Fates,
for they are greater than he.

The legislative powers of the Grand Lodge are
therefore limited only by the Landmarks, and be-
yond these it can never pass.

* See ante p. 46. f Anderson, first edit. p. 70, ank p. 79.

A GRAND LODGE.

427

Iii June, 1723, an attempt was made to remove
this restriction, and a regulation was adopted which
asserted that "it is not in the power of any man or
hod}' of men to make any alteration or innovation
in the body of Masonry, icithout the consent first ob-
tained of the Grand Lodge]'* which clearly inti-
mates that with such consent an innovation might
be made. But at the very next communication, in
November of the same year, the Grand Lodge re-
turned to the old conservative principle that " any
Grand Lodge duly met has a power to amend or
explain any of the printed regulations in the Book
of Constitutions, while they break not in upon the
ancient rules of the fraternity "\

This prerogative to make new regulations, or to
amend the old ones, has been therefore exercised
since the enactment of those of 1721, with the re-
striction of not touching the Landmarks, not only
by the Grand Lodge of England, but by all the
other Grand Lodges which have since emanated
from that body, directly or indirectly ; for it is ad-
mitted that all the functions and powers that were
possessed by the original Grand Lodge have de-
scended to every other Grand Lodge that has been
subsequently instituted, so far as the jurisdiction of
each is concerned.

But this law-making power is of course restrained
within certain limits by those fixed rules of legis
lative policy which are familiar to every jurist.

1. In the first place, a Grand Lodge can make no

* Andeeson, second edi*\ p. 175. f Ibid, p. 175.

128

LEGISLATIVE POWERS OF

regulation which is in violation of or co

to any one of the well settled Landmarks of the
Order. Thus, were a Grand Lodge, by a new regu-
lation, to abolish the office of Grand Master, such
legislation would be null and void, and no Mason
would be bound to obey it ; for. nothing in the
whole Masonic system is more undoubted than the
Landmark which requires the institution to be pre-
sided over by such an officer. And hence this doc-
trine of the supremacy of the Landmarks has been
clearly admitted in the very article which' asserts
for Grand Lodges the power of making new
regulations.

2. The legislation of every Grand Lodge must be
prospective, and not'retrospective in its action. To
make* an ex post facto law, would be to violate the
principles of justice which lie at the very foundation
of the system.* It was a maxim of the Roman law
that " no one could change his mind to the injury
of another/7! which maxim, says Mr. Broom, " has
by the civilians been specifically applied as a re-
striction upon the law-giver, who was thus forbid-
den to change his mind to the prejudice of a vested

* " Every statute which takes away or impairs a vested right acquired
under existing laws, or creates a new obligation, imposes a new duty, or at-
taches a new disability, in respect of transactions or considerations already
past, may be deemed retrospective in its operation, and opposed to those
principles of jurisprudence which have been universally recognized as goond.''
— -Broom, Leg. Max. p. 28.

f " Nemo potest mutare consilium suum in alterius injuriam."

3 Leg. Mix. p. 29.

right.":

A GRAND LODGE.

429

3. A Grand Lodge cannot permanently alter or
lepeal any one of its by-laws or regulations, except
in the mode which it has itself provided ; for it is
a maxim of the law that the same means are neces-
sary to dissolve as to create an obligation."* Thus,
if it is a part of the by-laws of a Grand Lodge that
no amendment to them can be adopted unless it be
read on two separate days, and then passed by a
vote of two-thirds, it is not competent for such a
Grand Lodge to make an amendment to its by-laws
at one reading, and by merely a majority of votes.

But it has been held that a Grand Lodge may
temporarily suspend the action of any one of its by-
laws by an unanimous vote, without being compelled
to pass it through a second reading. Thus, if the
by-laws of a Grand Lodge require that a certain
officer shall be elected by ballot, it may, by unani-
mous consent, resolve to elect, in a particular in-
stance, by a show of hands. But after such election,
the original by-law will be restored, and the next
election must be gone through by ballot, unless by
unanimous consent it is again suspended.

4. A Grand Lodge has the power of 'making by-
laws for its subordinates ; for the by-laws of every
Lodge are a part of the Regulations of Masonry, and
it is the prerogative of a Grand Lodge alone to
make new regulations. Yet, for the sake of con-
venience, a Grand Lodge will, and most Grand
Lodges do, delegate to their subordinates the duty
of proposing by-laws for their own government ;

* " Eodem modo quo quid cor.,stituitur( eodem modo dissolvitur."— Coke.

430

LEGISLATIVE POWERS OF

but these by-laws must be approved and confirmed
by the Grand Lodge before they become permanent
regulations. And a Grand Lodge may at any time
abrogate the by-laws, or any part of them, or of any
one or all of its subordinates ; for, as the power of
proposing by-laws is not an inherent prerogative in
the Lodges, but one delegated by the Grand Lodga
it may at any time be withdrawn or revoked, and a
Grand Lodge may establish a uniform code of by-
laws for the government of its subordinates.

It is from the fact that a Lodge only proposes its
by-laws, which the Grand Lodge enacts, that the
principle arises that the Lodge cannot suspend any
one of its by-laws, even with unanimous consent, for
here the maxim of law already cited applies, and the
same method must be adopted in abolishing as in
creating an obligation. That is to say, the by-law
having been enacted by the Grand Lodge, that body
alone can suspend its operation.

5. But the most important prerogative that a
Grand Lodge can exercise in its legislative capacity
is that of granting warrants of constitution for the
establishment of subordinate Lodges. Important,
however, as is this prerogative, it is not an inherent
one, possessed by the Grand Lodge from time im-
memorial, but is the result of a concession granted
by the Lodges in the year 1717 ; for formerly, as I
have already shown, all Masons enjoyed the right
of meeting an Lodges without the necessity of a
warrant, and it was not until the re-organization
of the Grand Lodge, in the beginning of the last

A GRAND LODGE.

431

century, that this right was surrendered. Preston
gives the important Regulation which was adopted
in 1717. in which it is declared that warrants must
De granted by the Grand Master, " with the consent
and approbation of the Grand Lodge in communi-
cation. "* Anderson does not give this Regulation,
nor will anything be found in the Regulations which
were approved in 1721, respecting the necessity of
the consent and approbation of the Grand Lodge.
On the contrary, the whole tenor of those Regula-
tions appears to vest the right of granting war-
rants in the Grand Master exclusively ,t and the
modern Constitutions of the Grand Lodge of Eng-
land are to the same effect.^ But in this country it

* As this Regulation is an important one, I give it in the exact words of
Preston : " That the privilege of assembling as Masons, which had been
hitherto unlimited, should be vested in certain Lodges or Assemblies of
Masons, convened in certain places ; and that every Lodge to be hereafter
convened, except the four old Lodges at this time existing, should be legally
authorized to act by a warrant from the Grand Master for the time being,
granted to certain individuals by petition, with the consent and approbation
of the Grand Lodge in communication ; and that without such warrant no
Lodge should be hereafter deemed regular or constitutional."— Preston,
p. 182, Oliver's edit

f Thus : " They must obtain the Grand Masters warrant to join in form-
ing a new Lodge." — Beg. viii. " If any set or number of Masons shall take
upon themselves to form a Lodge, without the Grand Master's warrant/' &c.
- -Reg. vs. " And this Lodge being thus completely constituted, shall bo
registered in the Grand Master's book, and by his order notified to the other
Lodges."— Anderson, first edit. p. 72.

$ " Every application for a warrant to hold a new Lodge must be by peti-
tion to the Grand Master."— Const, of G. L. of England, 1847, p. 122. In
the third and subsequent editions of the Book of Constitutions, we find an im-
portant paragraph, which shows that in 1741, the right or* granting warrants
was expressly admitted to be the exclusive prerogative of Grand Masters.
In that year " it was also ordered that no new Lodge for the future should be
constituted within the bills of mortality, without the consent of the brethren

432 LEGISLATIVE POWERS OF

lias been the universal usage to restrict the power
of the Grand Master to the granting of temporary
dispensations, while the prerogative of granting
permanent warrants is exclusively vested, in the
Grand Lodge.

6. Coincident with this prerogative of granting
warrants is that of revoking them. But as this
prerogative should only be exercised for cause
shown, and after some process of trial, it appears to
me that it will be more appropriately discussed
when wre come to the consideration of the judicial
functions of a Grand Lodge.

7. The taxing power is another prerogative of a
Grand Lodge. Every Grand Lodge lias the right
to impose a tax on its subordinate Lodges, or on all
the affiliated Masons living within its jurisdiction.
The tax upon individual Masons is, however, gene-
rally indirect. Thus, the Grand Lodge requires a
certain contribution or subsidy from each of its
subordinates, the amount of which is always in pro-
portion to the number of its members and the ex-
tent of its work, and the Lodges make up this
contribution by imposing a tax upon their members.
It is very rarely that a Grand Lodge resorts to a
direct tax upon the Masons of its jurisdiction. At
present I recollect but two instances in which such

assembled in quarterly communication be first obtained for tbat purpose.
But this order afterwards appearing to be an infringement on the prwoga-
tive of the Grand Master, and to be attended with many inconveniences
and with damage to the craft, was repealed."— Book of Const, edit 17G9,
p. 247. This record throws a reasonable doubt on the authenticity of the
regulation quoted by Preston.

A. GRAND LODGE,

433

a right has been exercised, namely, by the Grand
Lodges of Louisiana and Arkansas. In the former
instance, as there appeared to be some opposition to
the- doctrine, the Grand Lodge in 1855 adopted a
resolution, in which it declared that it did not
" assert its power to tax unconditionally, or for ex-
traordinary purposes, the constituent Lodges."*

I am at some loss to understand the distinct mean-
ing of this proposition ; but if it is intended to deny
the prerogative of the Grand Lodge to levy any
kind or amount of tax that it deems expedient on
either the subordinate Lodges or their individual
members, I am compelled to refuse my assent to
such a proposition. That the power to impose
taxes is a prerogative of every sovereignty is a doc-
trine which it would be an act of supererogation to
defend, for no political economist has ever doubted
it.f The only qualification which it admits is, that
the persons taxed should be entitled to a voice, di-
rectly or indirectly, in the imposition ; for taxation
without representation is universally admitted to
be one of the most odious forms of tyranny. But
as a Grand Lodge, as the supreme Masonic author-
ity in every jurisdiction, is invested with all the
attributes of sovereignty, and is besides a repre-
sentative body, it follows that the unconditional
power of taxation must reside in it as one of the
prerogatives of its sovereignty. And if the par

* Proceedings of the G. L. of Louisiana, 1855, p. 80.
f * Taxes," says Ciceko, " are the sinews of the State." Vtciigalia
nervi sunt reipublivos.

434

LEGISLATIVE POWERS OF

ticular species or amount of taxation is deemed op-
pressive or even inexpedient, it is easy for the
subordinate Lodges, by the exercise of the power
of instruction which they possess, to amend or alto-
gether to remove the objectionable imposition.

But the question assumes a different aspect when
it relates to the taxation of unaffiliated Masons. I
am compelled, after a mature consideration of the
subject, to believe that the levying of a tax upon
unaffiliated Masons is contrary to the spirit of the
institution, the principles of justice, and the dic-
tates of expediency. It is contrary to the spirit of
our institution : Masonry is a voluntary association,
and no man should be compelled to remain in it a
moment longer than he feels the wish to do so.* It
is contrary to the principles of justice, for taxation
should always be contingent upon representation j
but an unaffiliated is not represented in the body
which imposes the tax. And lastly, it is contrary
*to the dictates of expediency, for a tax upon such
Masons would be a tacit permission and almost an
encouragement of the practice of non-affiliation. It
may be said that it is a penalty inflicted for an
offence ; but in reality it would be considered, li^e
the taxes of the Roman chancery, simply as the cost
of a license for the perpetration of a crime. If a
Mason refuses, by affiliation and the payment of

* "We recognize fully the doctrine laid down in the Ancient Constitutions,
1 that it is the duty of every Mason to belong to some regular Lodge.' But
as his entrance into the fraternity is of his own free will and accord, so
should be the performance of this and every other Masonic duty."- -Special
Com. G. L of Ohio, 1854. See Proc, from 1848 to IS57, p. 384

A GRAND LODGE.

435

dues to a Lodge, to support the institution, let him,
after due trial, be punished, by deprivation of all
his Masonic privileges, by suspension or expulsion ;
but no Grand Lodge should, by the imposition of a
tax, remove from non-affiliation its character of a
Alasonic offence. The notion would not for a
moment be entertained of imposing a tax on all
Masons who lived in violation of their obligations ;
and I can see no difference between the collection
of a tax for non-affiliation and that for habitual in-
temperance, except in the difference of grade be-
tween the two offences. The principle is precisely
the same.

SECTION n.

THE JUDICIAL POWERS OF A GRAND LODGE.

In the exercise of its judicial functions, a Grand
Lodge becomes the interpreter and administrator
of the laws which it had enacted in its legislative
capacity. The judicial powers of a Grand Lodge,
according to the Old Constitutions, are both origi
nal and appellate, although it more frequently exer-
cises the prerogative and duties of an appellate than
of an original jurisdiction.

In England, at this day, all cases of expulsion
must be tried under the original jurisdiction of the
Grand Lodge, for there no private Lodge can inflict
this penalty upon any one of its members ;* but in

* " In the Grand Lodge alone resides the power of erasing Lodges, and
expelling brethren from the craft, a power which it ought not to delegate tc
any subordinate authority in England.'— Corist. G. L. of Eng. 1847.

136

JUDICIAL POWERS OF

this country constant usage, which, according to
Sir Edward Goke, is the best interpreter of the
laws,* has conferred the power of expulsion upon
the subordinate Lodges, and hence such cases sel-
dom come before the Grand Lodge, except in the
way of appeal, when, of course, it exercises its appel-
late jurisdiction, and may amend or wholly set aside
the sentence of its subordinate. Still, this must be
viewed as only a tacit or implied concession, unless,
as sometimes is the case, a Grand Lodge in express
terms divests itself of original jurisdiction, which,
of course, under the authority to make new regula-
tions, it may.

But the general spirit of the ancient law is,
that the Grand Lodge may at all times exer-
cise original jurisdiction. And hence, where a
Grand Lodge has not, by special enactment, di-
vested itself of the prerogative of original jurisdic-
tion, it may, by its own process, proceed to the
trial and punishment of any Mason living within
its jurisdiction. This course, however, although
strictly in accordance with the Ancient Constitu
tions, is not usual, nor would it be generally expe
dient, and hence some Grand Lodges have speciallj
confined their judicial prerogatives to an appellate
jurisdiction, and require the inception of every
trial to take place in a subordinate Lodge.

But I know of no matter in which a Grand Lodge
may not, according to the ancient law and custom,
exercise an original jurisdiction ; for, although a

* " Consuetudo est optimus interpret legum."

A GRAND LODGE.

437

Grand Lodge in this country will, by tacit consent,
and sometimes by explicit enactment* permit a
subordinate Lodge to exercise judicial powers, and
will allow its judgment to stand, unless there be an
appeal from it, yet, if the original jurisdiction was
assumed by the subordinate, only by this tacit con-
sent, and not, as in the case of Ohio, by express
grant, then the original jurisdiction continues to be
vested in the Grand Lodge, and may at any time be
resumed. For there is no fact in the history of
Masonic jurisprudence more certain than that the
General Assembly or Grand Lodge always in ancient
times exercised an original jurisdiction and super-
vision over the whole craft, t Hence offences were
formerly always tried in that body ; and it is only
since the re-organization in 1717, that the Grand
Lodge has neglected to exercise its prerogative o"
original jurisdiction, and for the purposes of con-
venience, perhaps, permitted the subordinate Lodges
to try offences, restricting itself in general to an

* Ohio, for instance, gives the power of discipline to its subordinates, and
reserves to the Grand Lodge only appellate jurisdiction.— Const. Beg. xm.
But New York, while granting this power of discipline to its subordinates,
does not divest itself of the prerogative to exercise original jurisdiction^- s
Const. § 12.

t Thus the old York Constitutions of 926 (point 10) say : " If a Mason
live amiss or slander his brother, so as to bring the craft to shame, he shall
have no further maintenance among the brethren, but shall be summoned to
the next Grand Lodge, and if he refuse to appear, he shall be expelled ;"
and in the Ancient Charges at Makings, it is provided that " every Master
and Fellow shall come to the Assembly, (that is, the General Assembly, as is
evident from the context,) if it be within fifty miles of him, if he have any
warning, and if he have tvespassed against the craft, to abide the award of
Masters and Fellows."

438

LEGISLATIVE POWERS OF

appellate revision of the case.* But although, under
ordinary circumstances, it is a maxim of law that
rights are forfeited by non-user, yet such maxim
cannot apply to the Grand Lodge, which, as a sove-
reign body, can have none of its rights barred by
lapse of time,t and may therefore at any tinx3. re-
sume its original jurisdiction.

But in matters of dispute between two Lodges,
and in the case of charges against the Master of a
Lodge, the Grand Lodge is obliged to exercise ori-
ginal jurisdiction ; for there is no other tribunal
which is competent to try such cases.

In the exercise of its judicial functions, the Grand
Lodge may proceed either in its General Assembly
or by committee, whose report will be acted on by
the Grand Lodge. But the form of trial will be
the subject of future consideration in a subsequent
part of this work.

The Grand Lodge may, in the case of an appeal,
amend the sentence of its subordinate, by either a
diminution or increase of the punishment, or it may
wholly reverse it, or it may send the case back for

* The Charges which were approved in 1722 say, that " if a brother do
you an injury, apply first to your own or bis Lodge ; and if you are not satis-
fied, you may appeal to the Grand Lodge." But this does not preclude the
Grand Lodge from instituting an inquiry itself into the conduct of any
brother ; and the records from 1717 onwards give several instances where
the Grand Lodge did exercise original jurisdiction, as in the ease of " certain
brethren suspected of being concerned in an irregular making of Masons,'"
which was tried in 1739, and in that of Bro. Scott, tried in 1766.— See Book
of Const, fourth edit. pp. 228 and 305.

t The maxim of the law that " nullum tempus occurrit regi" applies to the
Grnnd Lodge as the sovereign of Masonry.

A GRAND LODGE.

439

trial. And in any one of these events, its decision
is final ; for there is no higher body in Masonry
who can entertain an appeal from the decision of a
Grand Lodge.

Among the important prerogatives exercised by
a Grand Lodge in its judicial capacity, is that of
revoking warrants of constitution. Although, as I
have already shown, there is a discrepancy between
the present American practice, which vests the
granting of warrants in Grand Lodges, and the old
Constitutions, which gave the power to Grand Mas-
ters, there is no doubt that the Grand Lodge has
constantly exercised the prerogative of revoking
warrants from the year 1742, when the first mention
is made of such action, until the present day. But
all the precedents go to show that no such revoca-
tion has ever been made except upon cause shown,
and after due summons and inquiry. The arbitrary
revocation of a warrant would be an act of oppres-
sion and injustice, contrary to the whole spirit of the
Masonic institution.

SECTION III.

THE EXECUTIVE POWERS OP A GRAND LODGE.

In the exercise of its executive functions, the
Grand Lodge carries its laws into effect, and sees
that they are duly enforced. But as a Grand Lodge
is in session only during a few days of the year, it is
necessary that these functions should be exercised
for it, by some one acting as its agent ; and hence,

440

EXECUTIVE POWERS OP

*o use the language of the Grand Lodge of New
York, " all the executive powers of a Grand Lodge,
when not in session, are reposed in its Grand
Master."*

The Grand Master is therefore, in this discharge
of executive powers, the representative of the Grand
Lodge. That body having first, in its legislative
capacity, made the law, and then, in its judicial
capacity, having applied it to a particular case,
finally, in its executive capacity, enforces its de-
cision through the agency of its presiding officer.
The Grand Master cannot make laws nor adminis-
ter them, for these are the prerogatives of the
Grand Lodge ; but he may enforce them, because
this is a power that has been delegated to him.

The conferring of degrees is an interesting and.
important exercise of the executive functions of ?>
Grand Lodge, which is entitled to careful considera-
tion. The question to be discussed is this : Has i
Grand Lodge the power to confer the degrees of
Masonry on a candidate? In the years 1851 and
1852, this question was the subject of controversy
between the Grand Lodges of Wisconsin, Florida
and Iowa — the two former claiming, and the latter
denying the right. Let us endeavor to come to a
right conclusion on this subject by a careful ex
amination of the ancient laws and usages.

The earliest written Constitutions that we have—
those of York in 926 — show, without doubt, that
Apprentices were at that time made by their own

* Const G. Lu of New Fork, $ 10.

A GRAND LODGE.

441

Masters. The law is not so clear as to where Fel-
low Crafts were made, and we are obliged to resign
all hope of finding any reference to the making of
Master Masons, as all the old Constitutions previous
to 1721 are silent on this subject. Either the de-
gree did not then exist, as we now have it, or this
was clearly a casus omissus.

The Constitutions of Edward III., in the four-
teenth century, are equally uncertain ; but in the
third article is a phrase which seems to admit that
Fellow Crafts might be made in a subordinate
Lodge, for it is said that when a Lodge meets, the
Sheriff, the Mayor, or the Alderman " should be
made Fellow, or sociate to the Master." If the ex-
pression " made Fellow" is here to be interpreted in
its Masonic meaning, then there can be no doubt
that a Lodge might at that time confer the second
degree ; and I suppose, by analogy, the third. But
of the correctness of this interpretation there may
be a reasonable doubt, and if so, these Constitutions
give us no light on the subject.

By the middle of the seventeenth century, we be-
gin to find some definite authority, both in private
records and in Constitutions. Elias Ashmole, the
celebrated antiquary, tells us in his diary that he
was made a Freemason on the 16th October, 1G46,
at Warrington, in Lancashire, " by Mr. Richard
Penket, the Warden and the Fellow Crafts." Tr is,
then, was evidently in a subordinate Lodge. And
in the Regulations adopted by the General Assembly
in 1663. it is expressly stated that " no person, of

442

EXECUTIVE POWERS OF

what degree soever, be made or accepted a Fiee-
mason, unless in a regular Lodge, whereof one to
be a Master or a Warden in that limit or division
where such Lodge is kept, and another to be a
craftsman in the trade of Freemasonry."*

Still later, about the year 1688, we find it stated
in "The Ancient Charges at Makings" "that no
Master nor Fellow take no allowance to be made
Mason without the assistance of his Fellows, at least
six or seven."t

Preston also furnishes us with authority on this
subject, and tells us that previous to the beginning
of the eighteenth century, a sufficient number of
brethren might meet together without warrant
make Masons, and practise the rites of Masonry. t

But in 1722, a Regulation was adopted by the
Grand Lodge of England, which declared thai
Entered Apprentices must be admitted Fellow
Crafts and Masters only in the Grand Lodge, unless
by a dispensation from the Grand Master. §

This Regulation continued in force, however, only
for three years ; for, in November, 1725, it was
enacted that "the Master of a Lodge, with his
\7ardens and a competent number of the Lodge,
assembled in due form, can make Masters and Fel-
lows at discretion."|| And ever since, the subordi

* See ante p. 49. $ Preston, p. 182, note,

t See ante p. 51. § Reg. of 1722, No. xiii.

|| See Anderson, second edit. p. 1G0. The reason is assigned in the third
edition of the Bool? of Constitutions for this almost immediate repeal of the
law, namely, that * it was attended with many inconveniences." — See third
edit. p. 280

A GRAND LODGE.

443

nate Lodges have continued to confer all the de-
grees, while the records do not give a single instance
of their being conferred, subsequent to that date, in
the Grand Lodge.*

The facts, then, in relation to this subject appear
to be briefly as follows : that as far back as we can
trace by written records, the subordinate Lodges
were authorized to confer all the degrees ; that in
1722, or perhaps a year or two sooner,t this power,
so far as the second and third degrees were con-
cerned, was taken from the Lodges and deposited
m the Grand Lodge ; that in 1725, this change
being found to be productive of inconvenience, the
old system was restored, and the Lodges were again
permitted to confer all the degrees.

I cannot doubt, from this statement of facts, that
the attempt on the part of the Grand Lodge in
1722 to deprive the Lodges of their right to confer
all the degrees, was a violation of an ancient Land-
mark, and I am inclined to attribute its speedy re-
peal as much to a conviction of this fact as to the
acknowledged reason of its inconvenience.

But while I contend that all regular Lodges have
an inherent right to enter, pass and raise Free
masons, of which no Grand Lodge can deprive them,

* The instances quoted of the initiation of the Duke of Lorraine., the Prince
of Wales, and a few others, were not examples of the degrees being confer-
red in a Grand Lodge, but of Masons made " at sight" by the Grand Master
in " occasional Lodges."

f There is a record that the degrees were conferred in the Grand Lodge
by Payne, Grand Master, on the 24th June, 1721 ; but we find no subsequent
•ecord to the same effect.

444 EXECUTIVE POWERS OF A GRAND LODGE.

except by forfeiture of warrant, I cannot deny the
same prerogative to a Grand Lodge ; for I cannot
see how an assemblage of Masons, congregated in
their supreme capacity, can have less authority to
transact all the business of Masonry than an in-
ferior and subordinate body.

But I am equally convinced that the exercise of
this prerogative by a Grand Lodge is, under almost
all circumstances that I can conceive, most inexpe-
dient, and that the custom of conferring degrees
should be, as a matter of policy, confined to the
subordinate Lodges.

The officers of a Grand Lodge, if we look to
their ritual importance, are either Essential or Acci*
dental. The Essential Officers are the Grand Mas-
ter, the Grand Wardens, the Grand# Treasurer, the
Grand Secretary, and the Grand Tiler. All other
officers are accidental, and most of them the result
of comparatively recent Regulations.

But they are more usually divided into Grand
and Subordinate Officers.

The Grand Officers are the Grand and Deputy
Grand Masters, the Grand Wardens, Grand Treasu-
rer, Grand Secretary and Grand Chaplain. To
these, in many jurisdictions, has been added the office
of Grand Lecturer.

The Subordinate Officers are the Grand Deacons,
Grand Marshal," Grand Pursuivant, Grand Sword
Bearer, Grand Stewards and Grand Tiler.

Committees of Foreign Correspondence, from
their importance, seem also to be entitled to a place
in the consideration of the officers of a Grand Lodge.

The examination of the duties and prerogatives
of each of these officers will claim a distinct section
of the present chapter.

446

GRAND MASTER.

SECTION I.
THE GRAND MASTER.

The office of Grand Master is one of such anti-
quity as to be coeval with the very origin of the
institution, whether we look at that origin in a tra-
ditional or in an historical point of view. There
never has been a time in which the Order has not
been governed by a chief presiding officer under
this name.

From this fact we derive the important principle
that the office of Grand Master is independent of
the Grand Lodge, and that all his prerogatives and
duties, so far as they are connected generally with
the craft, are inherent in the office, and not derived
from, nor amenable to, any modern Constitutions.*

The whole records of our written and traditional
history show, that Grand Masters have repeatedly
existed without a Grand Lodge, but never a Grand
Lodge without a Grand Master. And this is be-
cause the connection of the Grand Master is essen-
tially with the craft at large, and only incidentally
with the Grand Lodge. He is neither elected, in-
stalled, nor saluted as the " Grand Master of the
Grand Lodge," but as the " Grand Master of
Masons ;"t and if the institution, so far as relates to

* " The claim that the Grand Master is the creature of the Grand Lodge
, is contrary to recorded history, and to every tradition on this subject that is
contained in the arcana of Masonry." — Com. of For. Corresp. G. L.ofN
Y., 1854, p. 107.

t This, in 1724, we find it recorded that " Brother Dalkeith stood up, and
bowing to the assembly, thanked them for the honor he had of being thei:

GRAND MASTER.

447

its present organization, was again to be resolved
into the condition which it occupied previous to
the year 1717, and the Grand Lodge were to be
abolished, in consequence of the resumption by the
subordinate Lodges of their original prerogatives,
the office of Grand Master would be unaffected by
such revolution, and that officer would still remain
in possession of all his powers, because his office is
inseparable from the existence of the fraternity,
and he would be* annually elected as formerly, by
the craft in their " General Assembly." In accord-
ance with these views, we find Anderson recording
that in the year 926, at the city of York, Prince
Edwin, as Grand Master, summoned the craft, who
then " composed a Grand Lodge, of which he was
the Grand Master." The Grand Lodge did not
constitute him as their Grand Master, for the ap-
pointment of Grand Master, according to the record,
preceded the organization of the Grand Lodge.

Again : both Anderson and Preston show us a
long list of Grand Masters who were not even
elected by the Grand Lodge, but held their appoint-
ment from the King. In 1663, a Regulation was
adopted, declaring " that, for the future, the frater-
nity of Freemasons shall be regulated and governed
by one Grand Master, and as mahy Wardens as the
said society shall think fit to appoint at every an-
nual General Assembly," which Assembly, it must

Grand Master, and then proclaimed aloud the most noble Prince and our
Brother, Charles Lennox, Duke of Richmond and Lennox, Grand Masteb
of M 4 sons !" and so on throughout the Book of Constitutions.

GRAND MASTER.

be recollected, was not, as now, a Grand Lodge,
consisting of the representatives of Lodges, but a
mass meeting of all the members of the craft.
Again : an attentive perusal of the history of the
present organization of Grand Lodges on St. John
the Baptist's day, 1717, will show that the craft
first, in General Assembly, elected their Grand
Master, who then appointed his Wardens, and estab-
lished a Grand Lodge, by summoning the Masters
and Wardens of the Lodges to meet him in quar-
terly communication. In short, everything of an
authentic nature in the history of Masonry shows
that the Grand Master is the officer and the organ
of the craft in general, and not of the Grand Lodge,
and that although for purposes of convenience, the
fraternity have, for the last one hundred and thirty-
five years, conceded to their Masters and Wardens
in Grand Lodge convened the privilege of electing
him for them, such concession does not impair his
rights, nor destroy the intimate and immediate con-
nection which exists between him and the craft at
large, to whom alone he can be said to have any
rightful responsibility.

All of this very clearly shows — and this is, I
think, the general opinion of Masonic jurists — that,
with the exception of a few unimportant powers,
conferred for local purposes, by various Grand
Lodges, and which necessarily differ in different
jurisdictions, every prerogative exercised by a
Grand Master is an inherent one — that is to say,
not created by any special statute of the Grand

GRAND MASTER.

449

Lodge, but the result and the concomitant of his
high office, whose duties and prerogatives existed
long before the organization of Grand Lodges,

The responsibility of the Grand Master presents
itself as the next important question. Invested
with these high ap I inalienable functions, to whom
is he responsible fcr their faithful discharge, and by
whom and how is he to be punished for his official
misdemeanors ? These are important and difficult
questions, which have occupied the attention and
divided the opinions of the most eminent Masonic
jurists.

"It is not to be doubted that the Grand Master is
not an irresponsible officer. To deny this broad
principle would be to destroy the very foundations
on which the whole system of Masonic legislation is
built. Democratic as it is in its tendencies, and
giving to every member a voice in the government
of the institution, it has always sustained the great
doctrine of responsibility as the conservative ele-
ment in its system of polity. The individual- Mason
is governed by his Lodge ; the Master is controlled
by the Grand Lodge ; the Grand Lodge is restrained
by the ancient Landmarks : and if the Grand Mas-
ter were not also responsible to some superior
power, he alone would be the exception to that
perfect adjustment of balances which pervades and
directs the whole machinery of Masonic govern-
ment.

The theory on this subject appears to me to be,
J.hat the Grand Master is responsible to the crafl

450

GRAND MASTER.

for the faithful performance of the duties of his
office. I can entertain no doubt that originally it
was competent for any General Assembly to enter-
tain jurisdiction over the Grand Master, because,
until the year 1717, the General Assembly was the
whole body of the craft, and as such, was the
only body possessing general judicial powers in
the Order ; and if he was not responsible to it,
then .he must of necessity have been altogether
without responsibility ; and this would have made
the government of the institution despotic, which
is directly contrary to the true features of its
policy.

How tl^s jurisdiction of the craft in their General
Assembly was to be exercised over the Grand Mas-
ter, we have no means of determining, since the
records of the Order furnish us with no precedent.
But we may suppose that in the beginning, when
Grand Masters were appointed by the reigning
monarch, that jurisdiction, if necessary, would have
been exercised by way of petition or remonstrance
to the king, and this view is supported by the
phraseology of the Constitutions of 926, which say,
that " in all ages to come, the existing General
Assembly shall petition the king to confer his sanc-
tion on their proceedings."

As the power of deposition or other punishment
was vested, in those early days, in the reigning
monarch, because he was the appoin^er of the Grand
Master, it follows, by a parity of reasoning, that
when the appointment was bestowed upon the

GRAND MASTER.

451

General Assembly, the power of punishment was
vested in that body also.

But in the course of time, the General Assembly
of the craft gave way to the Grand Lodge, which is
not a congregation of the craft in their primary
capacity, but a congregation of certain officers in
their representative capacity. And we find that in
the year 1717, the Masons delegated the powers
which they originally possessed to the Grand Lodge,
to be exercised by their Masters and Wardens, in
trust for themselves. Among these powers which
were thus delegated, was that of exercising penal
jurisdiction over the Grand Master. The fact that
this power was delegated, is not left to conjecture ;
for, among the Regulations adopted in 1721, we
find one which recognizes the prerogative in these
emphatic words : " If the Grand Master should
abuse his power, and render himself unworthy of the
obedience and subjection of the Lodges, he shall be
treated in a way and manner to be agreed upon in
a new Regulation, because hitherto the ancient fra-
ternity have had no occasion for it — their former
Grand Masters having all behaved themselves
worthy of that honorable office."*

This article comprises three distinct statements ;
first, that the Grand Master is responsible for any
abuse of his power; secondly, that a Regulation
may at any time be made to provide the mode of
exercising jurisdiction over him ; and lastly, that
such Regulation never has been made, simply be-

* Regulations of 1721, art xix.

452

GRAND MASTER.

cause there was no necessity for it, and not because
there was no power to enact it.

Now, the method of making new Regulations is
laid down in precise terms in the last of these very
Regulations of 1721. The provisions are, that the
Landmarks shall be preserved, and that the new
Regulation be proposed and agreed to at the
third quarterly communication preceding the annual
Grand Feast, and that it be also offered to the
perusal of all the brethren before dinner, in writing,
even of the youngest Apprentice — the approbation
and consent of the majority of all the brethren
being absolutely necessary to make it binding and
obligatory.

It is evident that a literal compliance with all the
requisitions of this Regulation has now become al-
together impracticable. Entered Apprentices have
no longer, by general consent, any voice in the
government of the Order, and quarterly communi-
cations, as well as the annual Grand Feast, have
almost everywhere been discontinued. Hence we
must apply to the interpretation of this statute the
benign principles of a liberal construction.* We
can only endeavor substantially, and as much as
possible in the spirit of the law, to carry out the in-
tentions of those who framed the Regulation.

It seems to me, then, that these intentions will be
obeyed for all necessary purposes, if a new Regula-
tion be adopted at an annual meeting of the Grand

* " Benignfe faciendae sunt interpretations et verba intention] debent in
servire."— Taw Maxim

GRAND MASTER.

453

Lodge, and by the same majority which is required
to amend or alter any clause of the Constitution.*
The power to make new Regulations, which was
claimed by the Grand Lodge of England in 1721.
and afterwards reasserted in 1723, in still more ex-
plicit terms, is equally vested in every other regu-
larly organized Grand Lodge which has been since
established, and which is, by virtue of its organiza-
tion, the representative, in the limits of its own juris-
diction, of the original Grand Lodge which met at
the Apple-tree tavern in 1717.

With these preliminary observations, we are now
prepared to enter upon an investigation of the pre-
rogatives and duties of a Grand Master.

1. The Grand Master has the right to convene
the Grand Lodge on any special occasion, at such
time and place as he may deem expedient. The
Constitution of the Grand Lodge necessarily must
designate a time and place for the annual communi-
cation, which it is not in the power of the Grand
Master to change. But on the occurrence of any
emergency, which may, in his opinion, render a
special communication necessary, the Grand Master

* Bro. Albert Pike confirms this view in his admirable report on foreign
correspondence in the Grand I»dge of Arkansas : " Every Grand Lodge
can make any new regulation which changes no Landmark. The nineteenth
article declares that a new regulation may be made on this subject. That
being so, and the thirty-ninth declaring that none can be made to change a
Landmark, of course this would not change a Landmark, or else it could not
be made. We cannot doubt, then, that constitutional provisions might be
made for dealing with a Grand Master during his terra of office ; but cer-
tainly it could not be done in any other way." — Proc. G. L. of Ark., 1854
p. 122.

454

GRAND MASTER.

possesses the prerogative of convoking the Grand
Lodge, and may select such time and place for the
convocation as he deems most convenient or appro-
priate. This prerogative has been so repeatedly
exercised by Grand Masters, from the earliest times
to the present day, that it seems to be unnecessary
to furnish any specific precedents out of the multi*
tude that the most cursory reading of the old re-
cords would supply.*

2. The Grand Master has the right to preside
over every assembly of the craft, wheresoever and
whensoever held. This is a Landmark of the
Order,t and consequently the right of the Grand
Master to preside at all meetings of the Grand
Lodge, which is derived from it, is an inherent right,
of which no constitutional provision can deprive
him. From this prerogative is also derived the
principle that the Grand Master may assume the
chair of any private Lodge in which he may be
present, and govern the Lodge as its Master. He
is also, by virtue of the same prerogative, the chair-
man of every committee of the Grand Lodge which
he may choose to attend. He is, in brief, the head

* Thus, " Prince Edwin summoned all the Masons in the realm to meet
him in a congregation at York."— Anderson, first edit., p. 32. On the
occasion of Wharton's irregularities in 1722, Montagu, G. M., " summoned
the Grand Lodge to meet, 17th January." — Ibid, second edit. p. 114. Carys-
fort, G. M., in 1754, " signified his pleasure that the day for the Grand
Feast and election should be the 25th of March, instant, and, kept at Drapers'
Hall." — Ibid, third edit., p. 270. But a volume of such precedents might be
cited. The eighteenth of the Regulations of 1721 distinctly recognizes th$
prerogative.— See ante p. 71.

1 See anle Landmark 5, p. 21.

Gil Aft!) MASTER.

455

jf the craft in his own jurisdiction, and cannot, at
any meeting of the fraternity for Masonic purposes,
be placed, without his consent, in a subordinate
position.

3. Concomitant with this prerogative of presid-
ing in any Lodge, is that of visitation. This is not
simply the right of visit, which every Master Mason
in good standing possesses, and of which I have al-
ready spoken in a preceding part of this work, but
it is a prerogative of a more important nature, and
which has received the distinctive appellation of the
rigid of visitation. It is the right to enter any
Lodge, to inspect its proceedings, to take a part in
its business transactions, and to correct its errors.*
The right is specifically recognized in the Regula-
tions of 1721, but it is also an inherent prerogative ;
for the Grand Master i^virtute officii, the head of
the whole fraternity, and is not only entitled, but
bound, in the faithful discharge of his duty, to
superintend the transactions of the craft, and to in-
terfere in all congregations of Masons to prevent
the commission of wrong, and to see that the Land-
marks and usages of antiquity, and the Constitu-
tions and laws of the Grand Lodge, and of every
Lodge in the jurisdiction, are preserved and obeyed.
The Regulations of 1721 prescribe that when the
Grand Master makes such a visitation, the Grand
Wardens are to attend him, and act as Wardens of
the Lodge while he presides. This Regulation,
however, rather refers to the rights of the Grand

* See Regulations of 1721, art 1.

45G

GRAND MASTER.

Wardens than to the prerogative of the Grand
Master, whose right to make an official visitation
to any Lodge is an inherent one, not to be limited
or directed by any comparatively modern Regu-
lation.

4. The right of appointment is another preroga-
tive of the Grand Master. By the old usages — for
1 find no written law upon the subject — the Grand
Master appointed the Deputy Grand Master, who is
hence always styled "his Deputy." The Regula-
tions of 1721 also gave him the nomination of the
Grand Wardens, who were then to be installed, if
the nomination was unanimously approved by the
Grand Lodge, but if not, an election was to be held.
The Grand Secretary, at the first establishment of
the office in 1723, was elected by the Grand Lodge,
but all subsequent appointments were made by the
Grand .Master. The Grand Treasurer was, how-
ever, always an elective office.

In England, under its present Constitution, the
Grand Master appoints all the officers of the Grand
Lodge, except the Grand Treasurer. In America,
the prerogative of appointment, which was vested
by. ancient usage in the Grand Master, has been
greatly abridged, and is now restricted to the no-
mination of some of the subordinate officers of the
Grand Lodge, The Deputy, the Wardens, the
Treasurer and Secretary are now elected by the
Grand Lodge. In view of the fact that none of the
officers of the Grand Lodge, except the Grand Mas-
ter, owe their existence to a Landmark, but are al]

GRAND MASTER.

457

the creatures of regulations, adopted from time to
time, and in view, too, of the other important fact
that regulations on the subject were continually
changing, so that we find an officer at one time ap-
pointed, and at another time elected, I am con-
strained to believe that the right of appointment is
one of the few prerogatives of the Grand Master,
which is not inherent in his office, but which is sub-
ject to the regulation of the Grand Lodge.

5. The Twelfth Regulation of 1721 gave the
Grand Master the prerogative of casting two votes
in all questions before the Grand Lodge. The
words of the Regulation are, it is true, very explicit,
and would seem to leave no doubt upon its face ;
and yet I am scarcely inclined to believe that under
all circumstances that officer was permitted to vote
twice, while every other member voted but once.
Contemporaneous exposition, however, supplies no
aid in the interpretation of the law ; for I have
looked in vain through the earlier editions of the
Book of Constitutions for any further reference to
the subject. The modern Grand Lodge of England
retains the very words of the Old Regulations ; but
in this country, where it has principally been pre-
served by usage, it is so interpreted as that the
Grand Master gives his second vofe only in the case
of a tie, and this, I suspect, was the object of the
original law.

6. I come now to one of the most important pre-
rogatives of a Grand Master, that, namely, of grant-
ing dispensations. A dispensation may be defined

458

GRAND MASTER.

to be "the granting of a license, or the license it-
self, to do what is forbidden by laws or regulation,
or to omit something which is commanded ; that is,
the dispensing with a law or regulation, or the ex-
emption of a particular person from the obligation
to comply with its injunctions."* This power to
dispense with the provisions of law in particular
cases appears to be inherent in the Grand Master,
because, although frequently referred to in the Old
Regulations, it always is as if it were a power al-
ready in existence, and never by way of a new grant.
There is no record of any Masonic statute or consti-
tutional provision conferring this prerogative in
distinct words. The instances, however, in which
this prerogative may be exercised are clearly enu-
merated in various places of the Old Constitutions,
so that there can be no difficulty in understanding to
what extent the prerogative extends.

Thus, one of the Regulations of 1721 prescribes
that "no Lodge shall make more than five new
brethren at one time ;"t but the Grand Master may

* This is the definition of Webster, except that the word " regulation'
has been substituted for " canon." Du Cange (Glossarium) defines a dis
pensation to be a prudent relaxation of a general law. Frovida juris com
munis relaxatio. While showing how much the ancient ecclesiastical
authorities were opposed to, the granting of dispensations, since they prefer
red to pardon the offense after the law had been violated, rather than to giv
a previous license for its violation, he adds, " but however much the Roma*
Pontiffs and most pious Bishops felt of reverence for the ancient Regulations
they were often compelled to depart in some measure from them, for the
utility of the church ; and this milder method of acting, the jurists called a
dispensation."

f Regulations of 1721, art iv.

GIUND MASTER.

459

grant his dispensation to authorize any Lodge on a
particular occasion to go beyond this number.

Again, in another Regulation it is enacted that
" no man can be made or admitted a member of a
particular Lodge without previous notice one month
before but here the Grand Master may interfere
with his dispensing power, and permit a candidate
to be made without such previous notice.

Another Regulation prescribes that " no set or
number of brethren shall withdraw or separate
themselves from the Lodge in which they were made
brethren, or were afterwards admitted members,
unless the Lodge becomes too numerous, nor even
then, without a dispensation. "t But this Regula-
tion has long since become obsolete, and Masons
now demit from their Lodges without the necessity
of asking a dispensation. In fact, as the law is no
longer in force, no authority is needed to dispense
with its injunctions.

The Twelfth Regulation of 1721 prescribes that
none but members of the Grand Lodge shall be per-
mitted to be present at its quarterly communica-
tions, except by dispensation. The Grand Master
is thus authorized to set aside the provisions of the
law for the benefit of a particular individual, and
this right of the Grand Master to admit strangers
as visitors in the Grand Lodge is still recognized as
one of his prerogatives.

Besides these particular instances of the exercise
cf the dispensing power which are referred to iu

* Regulations of 1721, art. v. + Ibid, art yiii., ante p. 67.

460

GRAND MASTER.

the Old Regulations, there are many others which
arise from the nature of the prerogative, and which
have been sanctioned by immemorial usage.

Thus, when a Lodge has neglected to elect its
officers at the constitutional time of election, or
having elected them, has failed to proceed to instal
lation, the Grand Master may, on application, issue
his dispensation, authorizing the election or instal-
lation to take place at some time subsequent to the
constitutional period. And without such dispensa-
tion, no election or installation could take place ;
but the old officers would have to continue in office
until the next regular time of election, for no Lodge
can perform any act at any other time, or in any
other mode, except that which is provided by
its by-laws, or the Regulations of the Grand
Lodge, unless in a particular case a dispensation is
granted to set aside for the time the provisions of
the law.

Again : although no one can serve as Master of a
Lodge, unless he has previously acted as a Warden,
yet in particular cases, as in the organization of a
new Lodge, or when, in an old Lodge, no one who
has been a Warden is willing to serve as Master,
the Grand Master may grant his dispensation, em-
powering the members to elect a Master from the
floor.

But as it is a principle of the law that the
benignity of the Grand Master must not affect the
rights of third parties, no dispensation can issue
for the election from the floor, if there be a Warden

GRAND MASTER.

461

or Past Warden who is willing to serve ; for eligi-
oility to the chair is one of the prerogatives which
arises from having served in the office of Warden,
and a dispensation cannot set aside a prerogative.

By the operation of the same equitable principle,
the Grand Master is prohibited from issuing a dis-
pensation to authorize the initiation of a person who
has been rejected by a Lodge ; for it is the inherent
right of a Lodge to judge of the fitness of its own
members, and the Grand Master cannot, by the
exercise of his dispensing power, interfere with this
inherent right.

7. Analogous to this dispensing power is the pre-
rogative which the Grand Master possesses of
authorizing Masons to congregate together and form
a Lodge. According to the Regulations of 1721,
and the modern Constitutions of England, the
Grand Master has the power to grant warrants for
the permanent establishment of Lodges, by warrant
of constitution. But in this country this preroga-
tive has not, for many years, been exercised by
Grand Masters, who only grant their authority for
the holding of Lodges temporarily, until the next
communication of the Grand Lodge. Hence, as no
Lodge can be legally held, except under a warrant
of constitution, granted by a Grand Lodge, when
the Grand Master permits such an assemblage, he
suspends for a time the operation of the law ; and
for this reason the document issued by him for this
purpose is very appropriately called a dispensation,
for it is simply a permission or license granted to

462

GRAND MASTER.

certain brethren to dispense with the law requiring
a warrant, and to meet and work masonically with-
out such an instrument.

8. Consequent upon and intimately connected
with this dispensing power is that much contested
prerogative of the Grand Master to make Masons
at sight. I know of no principle of Masonic law
which has given rise to a greater diversity of
opinions, or more elaborate argument on both sides,
than this. While the Grand Lodges or the Com-
mittees of Foreign Correspondence of Indiana, Ken-
tucky, Maryland, Mississippi, New Hampshire, New
York, North and South Carolina, Yermont and
Wisconsin, clearly admit the prerogative, those of
California, Louisiana, Massachusetts, Missouri and
Tennessee, as positively deny it, while Florida and
Texas recognize its existence only under limited
modifications. The weight of authority is certainly
on the side of the prerogative. I think that it can
readily be proved that ancient usage, as well as
the natural deductions from the law, equally sup-
port it.

It has always appeared to me that much of the
controversy was, after all, rather a dispute about
words than about things. The words " making
Masons at sight" are not to be found in any of the
Constitutions or records of the legitimate Grand
Lodge of England. They were first used by that
schismatic body known in history as the Athol
Grand Lodge, and are to be found in its authorized
Book of Constitutions, the " Ahiman Rezon" of

GRAND MASTER.

463

Laurence Dermott.* The " moderns" as they were
called, or the regular body, always spoke of "making
Masons in an occasional Lodge," and these words
continually occur in the second edition of the Book
of Constitutions, published by Dr. Anderson, and in
all the subsequent editions compiled by other edi-
tors. Thus we find that in 1731, ££ Grand Master
Lovel formed an occasional Lodge at Sir Robert
Walpole's house of Houghton Hall, in Norfolk, and
made Brother Lor rain and Brother Thomas Pel-
ham, Duke of Newcastle, Master Masons."t

Again, "on the 16th of February, 1766, an occa-
sional Lodge was held at the Horn Tavern, in New
Palace Yard, J by the Right Hon. Lord Blaney,
Grand Master. His Royal Highness William Henry,
Duke of Gloucester, was in the usual manner intro-
duced and made an Entered Apprentice, passed a
Fellow Craft, and raised to the degree of a Master
Mason."§ '

And again, " on February 9, 1767, an occasional
Lodge was held at the Thatched House Tavern, in
St. James Street, by Col. John Salter, Deputy
Grand Master, as Grand Master, and his Royal
Highness Henry Frederick, Duke of Cumberland,

* The language of Dermott is as follows : " The Eight Worshipful Grand
Master has full power and authority to make (or cause to be made in his
Worship's presence) Free and Accepted Masons at sight, and such making
is good."— Deemott's Ahim. Rez. third edit. 1778, p. 72.

f Book of Constitutions, second edit. p. 129.

} The regular place of meeting of the Grand Lodge at that time war at
the Crowu-and- Anchor in the Strand.
§ Book of Constitutions, third edit. p. 313.

464

GRAND MASTER.

was, in the usual manner, introduced and made an
Entered Apprentice, passed a Fellow Craft, and
raised to the degree of a Master Mason."*

Now, in all of these cases the candidates were
made by the Grand Master, without previous notice,
and not in a regular Lodge ; and this is what I sup-
pose to be really meant by making Masons at sight.
Dermott adopted this phraseology, but Anderson
and his successors called it " making Masons in an
occasional Lodge." The two expressions mean ex
actly the same thing.

Now, by way of illustrating this theory, let it be
supposed that the Grand Master of a certain juris-
diction is desirous of making a Mason at sight, or in
an occasional Lodge. How is he to exercise this
prerogative ? Why, he summons not less than six
Master Masons to his assistance, himself making the
seventh, which number is necessary to form a per-
fect Lodge. They meet together, and he grants his
dispensation, (which is virtually done by his pres-
ence) permitting a Lodge to be opened and held.
The candidate upon whom the Grand Master in-
tends to exercise his prerogative, applies for initia-
tion, and the Grand Master having dispensed with
the Regulation which requires the petition to lie
over for one month, the Lodge proceeds to confer
the first and second degrees, the Grand Master
being in the chair. On the following evening, the

* Book of Constitutions, third edition, p. 319. Salter was at that time
exercising the prerogatives of Grand Master, because Lord Blaney was
out of the jurisdiction, beiug in Ireland.— See Preston, p. 228.

GRAND MASTER.

465

same brethren again meet, and the candidate re-
ceives the third degree, the Grand Master occupying
the chair as before.

The Lodge having accomplished all that was re-
quired of it, the Grand Master ceases to exercise
his dispensing power — which he is of course at
liberty to do, for his dispensation, like the king's
writ, is granted durante bene jolacito, during his good
pleasure — and the Lodge is dissolved. But the
making of the candidate is good ; nor do I sec how
it can be denied, for certainly if the Grand Master
can authorize A, B and C to make Masons by dis-
pensation— and this no one doubts — then surely he
can exercise the same functions which he has the
power of delegating to others.

And this I suppose to be all that is meant by the
prerogative of the Grand Master to make Masons
at sight. It is the necessary result of, and indeed
is the same thing in a modified form, as his prero-
gative to open Lodges by dispensations granted to
others.

But in exercising this important prerogative, the
Grand Master must be governed by all those prin-
ciples which would apply to the initiation of candi-
dates in an ordinary Lodge under dispensation ,
for although he may dispense with the provisions
of a Regulation, he cannot dispense with the Land-
marks. The candidate must be possessed of all the
requisite qualifications, nor can the Grand Master
interfere with any Lodge by making a candidate
who has been rejected ; for he cannot exercise

90*

466

GRAND MASTER,

any of his prerogatives to the injury of other
parties.

Another important prerogative of the Grand
Master is that of arresting the charter of a subordi-
nate Lodge. To arrest the charter, is a technical
phrase, by which is meant to suspend the work of a
Lodge — to prevent it from holding its usual com-
munications, and to forbid it to transact any busi-
ness, or to do any work. A Grand Master cannot
revoke the warrant of a Lodge ; for this, as I have
already shown, is the peculiar prerogative of tho
Grand Lodge. But if, in his opinion, the good of
Masonry, or any other sufficient cause requires it, he
may suspend the operation of the warrant until the
next communication of the Grand Lodge, which
body is alone competent to revise or approve of his
action. But this prerogative of the Grand Master,
as it deprives a Lodge of its activity and usefulness
for a period of some duration, and inflicts some por-
tion of disgrace upon the body which has subjected
itself to such discipline, should be exercised with
the utmost caution and reluctance.

The doctrine of the right of appeal has been so
fully discussed in a former part of this work, that it
is scarcely necessary to say more on this subject
than that it is held to be the settled law of Masonry,
at this time, that an appeal cannot be taken from
the decision of the Grand Master to the Grand
Lodge. The Committee of Foreign Correspondence
of the Grand Lodge of New York, in 1852, expres-
sed views on this subject with which J so heartily

GRAND MASTER.

467

concur, that I readily borrow their language : " We
think," they say, " that no appeal lies from his de-
cision, because he is, in his official position, required,
like the Master in his Lodge, to see that the Consti-
tutions and laws of Masonry are faithfully observed.
He cannot do this if his opinion or decision may bo
instantly set aside by an appeal to that majority,
which is about to violate them. In such case also
he may close the Lodge to prevent the violation ;
so that calm reason teaches us that there is no other
just rule in the matter than that of the supremacy
and inviolability of presiding officers."

I know that a few Grand Lodges, or rather their
Committees of Correspondence, have censured views
like these, and declare them to be investing a Grand
Master with what they call "the one man power."
It may be so ; and in like manner the undisputed
power of the Worshipful Master over his Lodge may
receive a similar designation. And yet it is, in a
great measure, to this power beyond appeal, to the
responsibility which it entails, and to the great cau-
tion which it necessarily begets, that we must attri
bute much of the harmony and stability which have
always characterized the Order.

Should the Grand Master ever abuse this great
power, and by unjust or incorrect decisions endan-
ger the prosperity of the institution, the conserva-
tive principle of an annual election will afford a
competent check, and the evil of an oppressive or an
ignorant presiding officer can readily be cured by

GRAND MASTER.

his displacement at the constitutional period, and in
the constitutional way.

The last subject to be discussed in reference to
the office of Grand Master, is the question of suc-
cession. In case of the death or absence of the
Grand Master, who succeeds to his office ?

There never lias been any doubt that in case of
the death or absence from the jurisdiction of the
Grand Master, the Deputy succeeds to the office, for
this seems to have been the only object of his ap-
pointment. The only mooted point is as to the suc-
cessor, in the absence of both.

The Fourteenth Regulation of 1721 had pre-
scribed, that if the Grand Master and his Deputy
should both be absent from the Grand Lodge, the
functions of Grand Master shall be vested in " the
present Master of a Lodge that has been the longest
a Freemason," unless there be a Past Grand Master
or Past Deputy present. But this was found to be
an infringement on the prerogatives of the Grand
Wardens, and accordingly a new Regulation ap-
peared in the second edition of the Book of Consti-
tutions, which prescribed that the order of succession
should be as follows : the Deputy, a Past Grand
Master, a Past Deputy Grand Master, the Senior,
and then the Junior Grand Warden, the oldest for-
mer Grand Warden present, and lastly, the oldest
Freemason who is the Master of a Lodge. '

But this order of succession does not appear to
be strictly in accordance with the representative
character of the Grand Lodge, since Past Grand

DEPUTY GRAND MiSTER.

469

officers, who are not by inherent right members of
the Grand Lodge, should not be permitted to take
precedence of the actual members and representa-
tives. Accordingly, in this country, the Regulation
has in general been modified, and here the Deputy
succeeds the Grand Master, and after him the
Wardens, in order of their rank, and then the Mas-
ter of the oldest Lodge present, Grand officers being
entirely excluded.

The duties and prerogatives to which these offi-
cers succeed, in case of the absence of the Grand
Master from any communication, are simply those
of a presiding officer, although of course they are
for the time invested with all the rights which are
exercised by the Grand Master in that capacity.
But if the Grand Master be within the limits of the
jurisdiction, although absent from the Grand Lodge,
all their temporary functions cease as soon as the
Grand Lodge is closed.

If, however, the Grand Master is absent from the
jurisdiction, or has demised, then these officers, in
the order already stated, succeed to the Grand Mas-
tership, and exercise all the prerogatives of the
office until his return, or, in the case of his death,
until the next communication of the Grand Lodge.

SECTION n.

THE DEPUTY GFAND MASTER.

The office of Deputy Grand Master is neither so
important nor so ancient as that of Grand Master,

170

DEPUTY GRAND MASTER.

and seems originally to have been established for
the purpose of relieving the latter officer of much
of the labor which the proper discharge of his
duties would demand. Hence, in the first four years
of the history of the Order, after the reorganization
of the Grand Lodge, in the beginning of the last
century, while the chair was occupied by Commoners,
there was no Deputy ; and it was not until the elec-
tion of the Duke of Montagu, as Grand Master, in
1721, that the appointment was made.* The Six-
teenth of the Regulations, adopted in that year,
very distinctly shows that the object of the creation
of the office of Deputy was, that that officer should
relieve the Grand Master from the inconvenience
of attending to the details of business.t Nor does
that officer appear, from anything that we find in
the old Constitutions, to have exercised or posses-
sed any other prerogatives than those which he
claimed in the Grand Master's right, whose assist-

* December 27. 1720, the Regulation was adopted, that in future the new
Grand Master shall have the Bole power of appointing a Deputy Grand Mas-
ter, " now proved,'* says Anderson, " as necessary as formerly, according
to ancient custom, when noble brothers were Grand Masters." — Book of
Const, second edit. p. 111. In the historical statement made by Anderson,
I place no confidence, for Prince Edwin had no Deputy ; but he evidently
assigns the true reason for the modern appointment, that noblemen might be
relieved of the burdens of a laborious office.

t " The Grand Wardens or any others are first to advise with the Deputy
about the affairs of the Lodge, or of the brethren, and not to apply to the
Grand Master, without the knowledge of the Deputy, unless he refuse his
concurrence in any certain necessary affair."— Beg. of 1721, art. svi. And
again : " The Grand Master should receive no intimation of business con
cerning Masonry, but from his Deputy first, except in such cases as his Wor
ship can well judge of." — Ibid*

DEPUTY GRAND MASTER.

471

ant he was. The usage in this country generally
still continues to assign to him that subordinate po-
sition ; and, except in a few jurisdictions, where
additional powers have been specially granted by
constitutional enactment, he exercises the preroga-
tive of presiding over the craft only in the absence
of the Grand Master from the jurisdiction, while
during his presence he simply assists him with his
counsel and advice.

To this, however, there are exceptions, and the
Deputy is in some States invested with the preroga-
tive of establishing Lodges and of granting dispen-
sations.* Such powers are not derived from either
the ancient usages or Constitutions, and the Regu-
lations conferring them must be considered as
wholly of a local nature ; and in so far as they in-
terfere with the exclusive inherent prerogatives of
the Grand Master, I cannot but believe them to be
inexpedient and unconstitutional. By the ancient
Landmarks of Masonry, the dispensing power could
be exercised only by the Grand Master, and to con-
fer it on others is to divest him of his prerogative,
which it is clearly not in the power of any Grand
Lodge to do.

The Provincial Grand Master is an officer known
only to the English Constitutions. The first ap-
pointment of one recorded in the Book of Consti-
tutions is that of Bro. Winter, as Provincial Grand

* Thus, in Ohio, he grants dispensations, and in New York, in addition to
this prerogative, suspends warrants, visits Lodges, and exercises many othei
rights which the Old Constitutions had confined to the Grand Master.

172

DEPUTY GRAND MASTER.

Master of East India, which was made in 1730, by
the Duke of Norfolk. The modern Constitutions
of England invest him with powers in his own pro-
vince very similar to those of the Grand Master, to
whom, however, or to the Grand Lodge, an appeal
always lies from his decisions.

In this country the office of District Deputy Grand
Master appears to have taken the place, in many
jurisdictions, of the English Provincial Grand Mas-
ters ) but as the office has. been created by a special
enactment in every case, the Regulations which re-
fer to it must be considered as strictly local in their
character. Hence the duties and prerogatives of
these officers widely differ in different jurisdictions;
and a consideration of them can find no place in a
treatise on the general principles of Masonic law.
Individually, I confess that I am opposed to the
creation of the office, as infringing on the simplicity
of the Masonic system of government, although it
cannot be denied that a Grand Lodge has the right
to create such an office, so long as the powers con-
ferred on the officer do not affect the inherent prero-
gatives of the Grand Master; with which, of course,
ao modern Constitutions can interfere.

In England, the Deputy Grand Master has always
been appointed by the Grand Master. The same
rule has been followed by a few Grand Lodges in
this country ; but the more general custom is fox
the Grand Lodge to elect hi n.

GRAND WARDENS.

473

SECTION III.

THE GRA> D WARDENS.

Next in dignity to the Deputy come the Senior
and Junior Grand Wardens. These two officers
are, however, although subordinate in rank, of
much more importance than the Deputy, in the
working of the Order, and are possessed of some
prerogatives which do not belong to him. Their
duties do not very materially differ from those of
the corresponding officers in a subordinate Lodge,
although of course, from their more exalted posi-
tion, their powers are more extensive.

In this country, by universal consent, the Ward-
ens succeed to the government of the craft in order
of rank, upon the death or absence from the juris-
diction of the Grand and Deputy Grand Masters.
But the subject of the succession to the chair has
already been considered in a preceding section.

The first of the Regulations of 1721 had pre
scribed that the Grand Master, in his official visita-
tion to a subordinate Lodge, " might command the
Wardens of that Lodge, or any other Master
Masons, to act there as his Wardens, pro tempore;"
but as this was found to be an interference with the
rights of the Grand Wardens, the Regulation was
soon after explained as only being applicable to
cases where they were absent ; for it was declared
that the Grand Master cannot deprive them of their
office without showing cause, so that if they are

474

GRAND WARDENS.

present in a particular Lodge with the Grand Mas-
i or, they must, if he presides, act as Wardens. And
accordingly, this has ever since been considered as
one of their prerogatives.

As in a subordinate Lodge, so in the Grand Lodge,
the Junior Grand Warden does not occupy the west
in the absence of the Senior Grand Warden.* The
two offices are entirely distinct ; and the Junior
Grand Warden having been elected and installed
to preside in the south, can leave that station only
for the east, in the absence of all his superiors.
A vacancy in the west must be supplied by tempo-
rary appointment.

On the same principle, the Senior Grand Warden
cannot supply the place of the absent Deputy Grand
Master. In fact, in the absence from the Grand
Lodge of the Deputy, it is scarcely necessary that
his office should be filled by the temporary appoint-
ment of any person; for, in the presence of the
Grand Master, the Deputy has no duties to perform.

The old Charges of 1722 required that no one
could be a Grand Warden until he had been the
Master of a Lodge.* The rule still continues in
force, either by the specific regulation of modern
G and Lodges, or by the force of usage, which is
th J best interpreter of law.

By the Regulations of 1721, the Grand Master

* The Sixteenth Regulation of 1721 prohibited a Grand Warden from act
ing as the Master of a Lodge ; but this rule seems now to be obsolete, al-
though I have no doubt tha the dignity of the office would be consulted by
its enforcement.

GRAND TREASURER.

475

possessed the power of nominating the Grand
Wardens; but if his nomination was not unani-
mously approved, the Grand Lodge proceeded to an
election, so that really the choice of these officers
was vested in the Grand Lodge. By the universal
usage of the present day, the power of nomination
is not exercised by Grand Masters, and the Grand
Wardens are always elected.

SECTION IV.

THE GRAND TREASURER.

The office of Grand Treasurer was provided for
in the Regulations approved in 1722, and it was
then prescribed that he should be " a brother of
good worldly substance, who should be a member
of the Grand Lodge, by virtue of his office, and
should be always present, and have power to move
to the Grand Lodge anything, especially what con-
cerns his office."* Again, in 1724, on the organiza-
tion of the Committee of Charity of the Grand
Lodge, it was enacted that a Treasurer should be
appointed, in whose hands the amounts collected
might be deposited. But it was not until the year
1727 that the office was really filled by the selection
of Nathaniel Blakerby.t Even then, however, the
office does not appear to have been considered by
the Grand Lodge as a distinct appointment, but
rather as one which any responsible brother might

* Anderson, first edit. p. 62. -Beg. of 1721, art xiii.
t Ibid, second edit p. 179.

476

GRAND TREASURER.

fill, in. addition to his oilier duties ; for the Treasu-
rer, Biakerby, was in the next year appointed Deputy
Grand Master, and discharged the functions of both
offices at the same time ;* and when he resigned the
office, the appointment was given to the Grand
Secretary, who, during Blakerby's administration,
had sometimes performed his duties ; but at length,
in 1738, Bro. Revis, the Grand Secretary, declined
the office, very properly assigning as a reason " that
both those offices should not be reposed in one man,
the one being a check to the other."t So that it
was not until the year 1739 that, by the appoint-
ment of Bro. John Jessed as Grand Treasurer, the
office assumed a distinct and separate position among
the offices of the Grand Lodge, which it has ever
since retained.

The Thirteenth Regulation of 1721 had certainly,
by a juet construction of its language, made the
office of Grand Treasurer an elective one by the
Grand Lodge ;§ but notwithstanding this, both
Biakerby and Jesse were appointed by the Grand
Master, the latter, however, at the unanimous re-
quest of the Grand Lodge. But ever since, the
office of Grand Treasurer has been made an elec-
tive one. ||

* Thus : " At the Grand Lodge, in due form, on 27th Dec, 1729, D. G. M.
Blakekby, the Treasurer, in the chair, had the honor to thank many officers
of Lodges for bringing their liberal charity." — Ander., second edit. p. 179*

t Ibid, p. 184. $ Book of Const, third edit. p. 226.

§ " They [the Grand Lodge] shall also appoint a Treasurer."— -ite^. 1721
art. xiii.

Ji Re\fa was appointed by both the Grand Mast.r and the Grand Lodge

GRAND SECRETARY.

177

The functions of the Grand Treasurer ^o not
differ from those of the corresponding officer in a
subordinate Lodge. It is his duty to act as the de-
positary of all the funds and property of the Grand
Lodge, to keep a fair account of the same, and
render a statement of the condition of all thepro-
perty in his possession, whenever called upon by
either the Grand Master or the Grand Lodge. He
also pays all bills and orders which have been ap-
proved by the Grand Lodge. He is, in one word,
under such regulations as that body shall prescribe,
the banker of that body.*

The old Regulations permitted him to appoint an
assistant, whose only qualification was, that he must
be a Master Mason. But such assistant did not, by
his appointment, become a member of the Grand
Lodge, although permitted to be present at its com-
munications. The usage has been continued in
many of the Grand Lodges of this country.

SECTION V.

THE GRAND SECRETARY.

The Regulations of 1721 had described the duties
to be performed by the Grand Secretary ;t but from

perhaps by the appointment of the one, and with the consent and approba
tion of the other.— Anper., second edit. p. 138.

* His duties are very fully deBued in the Regulations of 1721, art. xiii,,
see ante p. 70.

f " There shall be a book kept by the Grand Master, or his Deputy, or
-ather by some brother whom the Grand Lodge shall appoint fcr Secretary."
-fag. 1721, art. xiii.

478

GRAND SECRETARY.

the organization of the Grand Lodge in 1717, to the
year 1723, no such officer had been appointed. In
the last mentioned year, however, Bro. Yvilliam
Cowper was chosen by the Grand Lodge. The
office was therefore first an elective one, but Ander-
son, in his edition of 1738, says that "ever since,
the new Grand Master, upon his commencement, ap-
points the Secretary, or continues him by returning
him the books."* This usage is still pursued by the
modern Grand Lodge of England; but in every
jurisdiction of this country, the office of Grand
Secretary is an elective one.

The functions, the discharge of which is intrusted
to the Grand Secretary, are of the most important
nature, and require no ordinary amount of talent.
It is his duty to record all the proceedings of the
Grand Lodge with the utmost fidelity and exactness.
He is also the official organ of the Grand Lodge,
and in that capacity conducts its correspondence.
He is, besides, the recipient of the returns and dues
of Lodges, which amounts he pays over to the Grand
Treasurer, so that each of these officers acts as a
check upon the other.

The Grand Secretary is also in this country thp
keeper of the seal of the Grand Lodge, which he
affixes to all documents that require it. His signa-
ture is considered as essential to the validity of any
document which emanates from the Grand Lodge.!

* Anderson, second edit. p. 161.

f The duties which in other countries are divided among several officers,
are in America concentrated in the Grand Secretary, whe is hence a mi^.li

GRAND CHAPLAIN.

479

Like the Grand Treasurer, lie was permitted by
the old Regulations to appoint an assistant, who did
not, however, by such appointment, become a mem-
ber of the Grand Lodge. The Regulation is still
in force in several of the American jurisdictions.

SECTION VI.

THE GRAND CHAPLAIN.

This is an office of very modern date. No al-
lusion to such an officer is to be found in any of the
old Constitutions, and Preston informs us -that it
was instituted on the 1st of May, 1775, on the oc-
casion of the laying of the corner stone of the Free-
masons' Hall in London.* A sense of propriety
has, however, notwithstanding its want of antiquity,
since caused this office to be universally recognized
by the Grand Lodges of this country, some of whom
have increased the number of Grand Chaplains from
one to several. •

The duties of the Grand Chaplain are confined to
offering up prayer at the communications of the
Grand Lodge, and conducting its devotional exer-
cises on public occasions.

He is, by virtue of his office, a member of the
Grand Lodge, and entitled to a seat and a vote.
The only qualifications generally required appear to

more important officer than he is in Europe. Thus, by the modern Constitn
tions of England the Grand Registrar superintends the records, and is the
custodian of the seal.
* Preston, p. 237, Oliver's edit.

ISO

GRAND LECTURER.

be that he should be a Master Mason, in good stand-
ing in his Lodge, and a recognized clergyman of
some religious denomination.

SECTION VII.

THE GRAND LECTURER.

The office of Grand Lecturer is one of great im-
portance ; perhaps there is none so important in the
whole series of offices which constitute the control-
ling element of a Grand Lodge. He is the recog-
nized teacher of the Masonic system, and it is
by his faithful instructions alone that unity can
be maintained in the methods of communicating
our ritual.

"This unity," says a distinguished Mason, Bro.
Sandford, of Iowa, " makes the world a Mason's
home, and raising him high above geographical di-
visions and the obstacles of language and religion,
secures him protection and repose wherever fate or
fortune may direct his steps. Without it, our grand
fabric of universal benevolence, which has withstood
the storms of numerous centuries, would be shat-
tered to atoms in a single age."

I presume that it will be admitted by every intel-
ligent Mason, that Bro. Sandford has not placed too .
high an estimate on the importance of a uniformity
of work. If Masonry contain within itself anything
worthy of the study of intellectual men — if our
theories of its antiquity be not fallacious — if our
legends and ceremonies and symbols are not, as one

GRASD LECTURER. 481

class of our opponents have declared them to be, the
puerile amusements of a past age of dreamers — then
surely it is the bounden duty of the supreme head
of the Order, in every jurisdiction, to preserve those
legends and ceremonies and symbols as pure and
unsullied by error and innovation as they were when
received. It is a part of the covenant into which
we have all entered, and to which we are all bound
by the most solemn obligations, to preserve the
ancient Landmarks which have been intrusted to
our care, and never to suffer them to be infringed,
or to countenance a deviation from the established
usages and customs of the fraternity.

This, it appears to me, is the most prominent and
especial duty of a Grand Lodge. It is the conser-
vator of the Order in its own jurisdiction, and is
expected by all the sanctions of justice and reason
to hand down to its successors the rites and cere-
• monies of the institution, as it received them from
its predecessors. Unless it does this, it is recreant
to its trust. It may dispense charity — it may endow
ct/lleges — it may decide disputes— it may invent
financial systems, or legislate for general purposes —
but unless it shall take constant and careful precau-
tions for preserving the ancient Landmarks, and
disseminating among the craft a uniformity of work
and lectures, according to the true system, it will be
neglecting the principal design of its organization,
and will become a "cruel" instead of a "gentle
mother" to its children. Under an administration
which shall totally abandon all supervision of the

GRAND LECTURER.

ritual, and devise no means of teaching it, the very
identity of Masonry would soon altogether be ex-
tinguished, and Lodges would speedily degenerate
into social clubs.

Now, the only method by which this ritual can
be efficiently supervised and taught, so that a uni-
formity of work may be preserved, and every Mason
in the jurisdiction be made acquainted with the true
nature of the science of Masonry, is by the ap-
pointment of a competent and permanent Grand
Lecturer.

The appointment of this officer should be a per-
manent one. In this advanced age of Masonic im-
provement, any attempt to appoint a Grand Lecturer
by the year, as we hire domestics, or employ labor-
ers, is an insult to the intelligence of the Order.
When an able teacher is found, he should hold his
office, not for a year, or during the pleasure of the
Grand Master or the Grand Lodge, but like the ♦
judicial tenure of our Supreme Court, or the Eng-
lish Judges — dura se bene gesserit — during good be-
havior. Let him continue for life, if he is " worthy
and well qualified for, the longer a good teacher
labors in his vocation, the better will he discharge
its duties. But any attempt to intrust the duty of
instructing Lodges to a temporary Lecturer, changed,
like the Wardens or the Deacons, every year, must
inevitably result in the utter destruction of all that
remains to us of the ancient symmetry of our beauti-
ful temple.

Equally injurious m is it to divide a jurisdiction

GRAND LECTURER.

4.83

\. twccn several Lecturers, each independent of the
others, each teaching a different system, and all
perhaps ignorant of the true one. To suppose that
by the simple appointment of the presiding officer,
some half a dozen District Deputies or Inspectors
can be qualified to instruct the Lodges placed under
their control in the arcana of Masonry, would be
farcical, were it not so pregnant with danger to the
safety and preservation of our Landmarks. The
attempt has been made in one or two jurisdictions, .
and most signally failed. Its necessary consequence
is a destructi on of all uniformity, and a degradation
of Masonic science to a mere system of quackery.

But not only should the authority of the Grand
Lecturer as a Masonic teacher be sovereign and un-
divided in his jurisdiction, and the tenure of his
office permanent, so that the craft may not be an-
nually subjected to changes in the form and sub-
stance of the instruction that they receive, but,
above all, he should be fully competent, by previous
study, to discharge the duties of his high calling.

No man can be qualified as a Grand Lecturer un-
less he has devoted his time, his talent, and his
labor to the arduous, though pleasant, task of Ma-
sonic study. The old Romans had a proverb that a
Mercury could not be made out of any kind of wood,
and neither can a Grand Lecturer be manufactured
out of any kind of Mason. A Masonic teacher re-
quires qualifications of the highest character. A
profound knowledge of the ritual is. of course, essen-
tial ; and this alone is to be acquired only after the

484

GRAND LECTURER

most laborious study, aided by the adventitious as
sistaiice of an excellent and retentive memory. But
to this must be added, if we would give dignity to
the office, or confer a benefit on the pupils whom he
is to teach, an education djove the common stand-
ard, a cultivated intellect, an acquaintance with that
ancient language from whose records our system is
derived, a familiarity with history and antiquities,
and an extent of reading and power of mind which
will enable him to trace the symbolism of our Order
through all its progress, from the ancient priest-
hood of Egypt, the mysteries of Greece and Asia,
and the kabbala of Palestine.

It may be said that the standard is here placed
too high, and that few will be found to reach it.
Better, then, would it be to do without a Lecturer
than to have an incompetent one ; and I know of
no less amount of learning that would make a Ma-
sonic teacher, such as a Masonic teacher should be.
But moreover, by placing the standard of qualifica-
tions high, intellectual men would be found to work
up to it ; while, by placing it lower, ignorant men
would readily avail themselves of the privileges
that so low a standard would present. The " con-
summation devoutly to be wished'7 in Masonry is,
that none but learned men should become Masonic
teachers.

The old Constitutions do not recognize the office
of Grand Lecturer under that name ; but it has al-
ways existed, and its duties were performed in the
eighteenth century by some of the most learned men

GRAND DEACONS.

485

of the order. Anderson, Desaguliers, Martin Clare,
Hutchinson and Preston, were all, in the strict sense
of the word, Grand Lecturers, and discharged the
duties of the office with great benefit to the craft.

SECTION Yin.

THE GRAND DEACONS.

The office of Grand Deacon i3 of more modern
origin than that of any other officer in the Grand
Lodge. I can find no reference to it in any of the
old Regulations, in Anderson, or any subsequent
edition of the Book of Constitutions, in Preston's
Illustrations, or in Lawrie's History. By the Regu-
lations of 1721, the duties of the Grand Deacons
seem to have been divided between the Grand
Wardens and the Stewards ; nor is a place appropri-
ated in any of the processions described in the vari-
ous works already cited. They are first found in a
procession which took place in 1831, recorded by
Oliver, in his Continuation of Preston's History.
But they have since been placed among the officers
of the Grand Lodge in the Constitutions of England,
Scotland and Ireland.

In America, the office has an older date ; for
Grand Deacons are recorded as being present in a
procession of the Grand Lodge of Pennsylvania, in
1783, the account of which is to be found in Smith's
" Ahiman Rezon." They are also mentioned among
the officers of the Grand Lodge in the Constitution

486

GRAND MARSHAL.

adopted in 1797 by the Grand Lodge of North
Carolina. I know not whence the anomaly arose
of these officers existing in Grand Lodges of America
in the eighteenth century, while they are not to be
found in those of Great Britain until late in the
nineteenth. They could scarcely have been derived
from the Athol Grand Lodge, since the York Masons
of South Carolina had no such officers in 1807, when
Dalcho published the first edition of his " Ahiman
Rezon."* Be this as it may, the office is now recog-
nized in all the Grand Lodges of this country.t

The Grand Deacons are generally two in number,
a Senior, who is usually appointed by the Grand
Master, and a Junior, who receives his appointment
from the Senior Grand Warden. It is their pro-
vince to attend upon the Grand Master and Ward-
ens, and to act as their proxies in the active duties
of the Grand Lodge. Their duties differ but little
from those of the corresponding officers in a subor-
dinate Lodge.

SECTION IX.

THE GRAND MARSHAL.

The first allusion that I find to this office is m
the second edition of the Book of Constitutions,
where, under the date of 1730, a procession is de-
scribed, which was closed by " Marshal Pyne, with

* See Dalcho's Ahiman Rezon, first edition, Charleston, 1807.
\ It must be remarked that the office of Deacon in a subordinate Lodge
is of a much older date than corresponding officers in a Grand Lodge.

GRAND PURSUIVANT.

487

his truncheon blew, tipt with gold." But as tlirough-
out the remainder of the book, and all the subse-
quent editions, the allusion is not repeated, I am
led to suppose that this was simply a temporary ap-
pointment of an officer to keep order, without any
reference to Masonic rank. There is no such offi-
cer in the present Grand Lodge of England, and
the office is unknown in several of the American
jurisdictions.

The duty of the Grand Marshal in those Grand
Lodges which recognize the office, is simply to ar-
range the processions of the Grand Lodge, and to
preserve order, according to the forms prescribed.*

SECTION X.

THE GRAND PURSUIVANT.

In the science of heraldry, a Pursuivant is the
lowest order of officers at arms, and is, as the title
implies/!* an attendant on the heralds. The office is
unknown to the English Constitutions of Masonry,
either ancient or modern, and appears to be peculiar
to this country, where it is to be found in a large
number of Grand Lodges, whose Regulations are,
however, generally silent as to the nature of the
functions to be discharged.

* In those Grand Lodges which have no Grand Marshal, the duties of the
office should be performed by the Grand Pursuivant.

f From the French pourmivatU. literally one who follows, or an
aileiidaru

488

GRAKD SWORD BEARER.

The " Ahirnan Rezon" of South Carolina says that
his station is near the door, whence he receives all
reports from the. Grand Tiler, and announces the
name and Masonic rank of all who desire admission,
seeing that none enter without their appropriate
decorations.* He combines therefore, in part, the
duties of the Junior Deacon with those of a gentle-
man usher.

I have already said that the office is modern, as*
no allusion to it is to be found in any of the old
Regulations. The appointment is generally vested
in the Grand Master.

SECTION XI.

THE GRAND SWORD BEARER

In 1731, the Duke of Norfolk, being then Gran'i
Master, presented to the Grand Lodge of England
u the old trusty sword of Gustavus Adolphus, King
of Sweden, that was worn next by his successor in
war, the brave Bernard, Duke of S axe-Weimar, with
both their names on the blade, which the Grand
Master had ordered Brother George Moody (the
King's sword cutler) to adorn richly with the arms
of Norfolk in silver on the scabbard, in order to be
the Grand Master's sword of state in future."* At

* Ahim. Rez. So. Ca., p. 129, third edit 1852.

f Anderson, second edit. p. 127. Previous to this donation the Grand
Lodge bad no sword of state, but used one belonging to a private Lodge. It
was borne before the Grand Master by the Master of the Lodge to which it
belonged, as appears from the account of the procession in 1720, as given b?
iNDEKSON, p. 12fr, second edit

GRAND STEWARD 3.

489

the following feast, Bro. Moody was appointed
Sword Bearer, and the office has ever since existed,
and is to be found in almost all the Grand Lodges
of this country.

The Grand Sword Bearer should be appointed by
the Grand Master, and it is his duty to carry the
sword of state immediately in front of that officer
in all processions of the Grand Lodge.*

section xn.

THE GRAND STEWARDS.

The history of the origin of the office of Grand
Steward is very fully developed in the various edi-
tions of the Book of Constitutions, and especially in
the fourth, or that published in the year 1769.
Formerly it was the custom of the Grand Wardens
to make the necessary arrangements for regulating
and conducting the Annual Grand Feast. But to
relieve these officers from this extraordinary trouble,
it was ordered in 1721 that they should " take some
Stewards to their assistance." No Stewards were
appointed, however, until 1723, when the office was
conferred on six brethren, who performed the duty
of managing the Feast with such satisfaction to the
Grand Lodge as to receive the thanks of the Grand
Master. Six others were appointed in the follow-
ing year, after which we find that no more were

* In those Grand Lodges which have a Grand Pursuivant, tat no Sword
Bearer, the sword should be borne by the former officer.

21*

490

GRAND STEWARDS.

nominated until 1728. The appointments appear to
have been at first made especially for the Annual
Feast, and at the meeting of the Grand Lodge pre-
vious to it, so that as yet they could scarcely be
considered as having taken the rank of permanent
Grand 0 (Beers. But in 1728, it was resolved that
the office should be revived, (which perhaps rather
meant that it should be placed upon a permanent
footing,) and that the number should be increased to
twelve. In 1731, the Grand Stewards, who had
been previously appointed by the Grand Master,
were permitted to nominate their successors, and
finally, in 1735, the Past Grand Stewards were, on
petition, constituted into a Master's Lodge, to be
called the " Stewards7 Lodge," and to be placed as
such on the registry of the Grand Lodge. This
Lodge was also permitted to send a deputation to
the Grand Lodge, consisting of its Master, Ward-
ens, and nine members, each, of whom was entitled
to a vote. But the Stewards of the current year
were not allowed to vote,, or even to speak in the
Grand Lodge, unless desired. The modern Consti-
tutions of the Grand Lodge of England have in-
creased the number of Stewards to eighteen, and
continued the Grand Stewards' Lodge, which is,
however, now represented only by its Master,
Wardens and Past Masters. It has no power of
making, passing or raising Masons, and is not en-
titled to a number, although it takes precedency of
all the other Lodges.

All of this has been greatly simplified in thia

GEAND TILER..

491

country ; and the Grand Stewards, who seldom ex-
ceed two in number, are generally appointed by the
Junior Grand Warden. They are possessed of no
peculiar privileges. Formerly there was in New
York, and still is in Maryland, a Grand Stewards'
Lodge, which acts as a committee on the Masonic
Hall, on the by-laws of Lodges, and on certain other
matters referred to it. It consists of the Grand
Officers and Past Masters from the Lodges in Balti-
more, and meets during the recess of the Grand
Lodge. I know of no other state in which such an
organization exists.

The duty of the Grand Stewards is to attend
upon the tables during the hours of refreshment,
and to assist the Junior Grand W arden in managing
the Grand Feast, in iurisdictions where this ancient
usage is observed.

SECTION xm. '

THE GRAND TILER.

This is an office which derives its existence from
the Landmarks of the Order, and must therefore
have existed from the earliest times, as it is impos-
sible that any Grand Lodge or Assembly of Masons
could ever have met for purposes of Masonic busi-
ness unless the room in which they were assembled
had been duly tiled.

The duties of the office are so evident to every
Mason as to need no explanation.

The Grand Tiler cannot, during his term of office.

4:92

COMMITTEE OF

be a member of the Grand Lodge, for Lis official po-
sition places it out of his power to assist in its
deliberations.

He is generally appointed by the Grand Master
and no other qualification is required for the offic
than that of being a worthy Master Mason.

SECTION XIV.

THE COMMITTEE OF FOREIGN CORRESPONDENCE

Committees of Foreign Correspondence are bodies
, known only to American Masonry j and until within
a few years, so far as the efficient discharge of any
duty was concerned, they appear to have been of
but little value. But at the present time they oc-
cupy so important a position in the working of
every Grand Lodge, that they are fully entitled to
a place as an essential part of the Masonic system

The duties of a Committee of Foreign Corres
pondence are at this day the most important that
are confided to any committee of a Grand Lodge ;
and what they precisely are, and how they should
be performed, are matters worthy of a calm and
deliberate consideration.

The Committee of the Grand Lodge of Oregon
has lately objected to the usual free and independ-
ent course pursued by these bodies, because they
believe, to use their own language, that " to review,
overrule and reverse the decisions of Grand Mas-
tery, in cases regularly before them, and to intimate
doubts of the wisdom, propriety and regularity of

FOREIGN CORRESPONDENCE.

493

the decisions of Grand Lodges, upon questions care-
fully considered and solemnly adjudged, we cannot
persuade ourselves is the course best calculated to
promote harmony, facilitate the interchange of kind
offices, and cement the bond of union and fraternal

ntercourse which should everywhere exist among
Grand Lodges."*

I cannot concur in this view of the result of the
labors of such a committee, nor deny to it the
liberty to discharge, in the most unlimited manner,
while courtesy is preserved, the duty of reviewers,
and, if need be, of censurers.

The Committees on Correspondence are the links
which bind the Grand Lodges into one united whole
in the pursuit of knowledge ; they are the guardians
appointed by their respective bodies to inform their
constituents what has been the progress of the in-
stitution for the past year — to warn them of the
errors in discipline or in Masonic science which
they may suppose to have been committed — and to
suggest the best method by which these errors may
be avoided or amended. The proceedings of Grand
Lodges are never printed for purposes of sale, or
of general distribution ; the number of copies pub-
lished is always small ; and it is physically impos-
sible that a knowledge of their contents can ever
reach the mass of the fraternity, except through the
condensed reports of foreign correspondence. These
committees, therefore, perform but the duty to which
they were appointed, when they report the doings

* Proc. Grand Lodi;e of Oregon, 1855. Rep. of Com. of For. Corresp,

494

COMMITTEE OP

and sayings of other jurisdictions ; nor can they be
denied the common right of expressing their opin-
ions on the nature and tendency of the facts as they
relate them. Grand Masters are not infallible, and
Grand Lodges are not always correct in their de-
cisions. If, therefore, a Committee on Correspond-
ence should simply detail the various acts and
opinions of all the Grand Bodies with which their
own is in correspondence, nor make one depreca-
tory remark, calling attention to what they might
suppose violations of laws or Landmarks, the hete-
rogeneous and discordant doctrines which every
year are presented to the Masonic world, would be
placed before the fraternity without commentary,
leaving the most ignorant to form their own, often
erroneous, conclusions, and sometimes to confound
the mere extract from a foreign opinion by the
committee with an endorsement by that committee
of its correctness. It is then a part of the duty of a
Committee on Correspondence to review the pro-
ceedings of other jurisdictions, to point out what
they suppose to be errors, and to warn their own
constituency against adopting them. The Commit-
tees are, no doubt, like the bodies they are review-
ing, sometimes wrong ; but if the discussion of
Masonic points of law are conducted temperately,
calmly, judiciously, and above all fraternally, much
good must arise from this contest of mind. As the
collision of the flint and steel will generate fire, so
truth must be elicited from the collision of varying
intellects. I cannot hesitate to believe that for

FOREIGN CORRESPONDENCE.

495

much of the elevated standard that the Masonry
of this day and country has assumed, and for the
general diffusion of knowledge on the subject of
Masonic jurisprudence, the craft are indebted to the
well-conducted discussions of our various Commit-
tees on Foreign Correspondence.*

Conflicting views have also been expressed on the
subject of the value which is to be attached to these
reports of Committees of Foreign Correspondence,
and on the question whether they require to be
adopted by a formal vote of the Grand Lodge to
whom they are presented, or whether they are, with-
out such vote, to be placed before the craft as mat-
ters of Masonic literature, with just so much value
as their own merits, and the experience, judgment
and talent of their authors bestow upon them.

These reports are generally intrusted to the
ablest writer and thinker in each Grand Lodge;
and when this is the case, I cannot see what addi-
tional value the opinions of such a man can receive

* Bro. Sandford himself, an admirable illustration of the efficiency and
usefulness of these committees, indorses the views I have expressed in the
text. " An examination," says that able Mason," of the reports which have
emanated from the Committees on Foreign Correspondence of the various
Grand Lodges during the past year, has disclosed an amount of labor, a de-
gree of interest and enthusiasm, an extent and depth of research upon mat>
ters immediately pertaining to the principles and science of Masonrj, which
is well calculated to excite surprise and admiration. And when to this is
added the literary excellence of these various productions, embracing in
their range of discussion numerous illustrations from the historical and clas-
sical literature of the world, one is struck with the'force of kindred associa-
tion, which appears to heighten the power and beauty of expression, in pro
portion to the dignity and expansiveness of the ideas which call it forth." —
Proceed. G. L. of Iowa, 1855.

196 COMMITTEE OF FOREIGN CORRESPONDENCE.

from their adoption by a formal vote. Such adop
tion would indeed give to his views the force of
law in that particular jurisdiction, but they would
not make them sounder or more truthful, nor on the
other hand would their rejection affect or impair, in
the slightest degree, their influence, as matters of
opinion, on the minds of the fraternity.

The truth is, that these reports derive all their
value from the character and abilities of their
authors. They need no adoption by a Grand Lodge,
but should be simply received as information, unless
they are accompanied by resolutions upon which
specific legislative action is required.*

, * These views are in accordance with those expiesecd in 1855 by tht
Committee of the Grand I/>dge of California.

BOOK VI.

MASONIC

(JriffiFS anil 'JPunis^mpnfs.

Having, in the preceding Books, considered the Masonic
organization in all its different aspects, as presented in tho
Candidate, the Mason, the Lodge and the Grand Lodge, it
only remaii i that I should proceed to investigate the nature
of the offences that may be committed against the institution,
the punishments which should be inflicted for the correction
of these offences, and the manner in which these punishments
are to be adjudged and executed.

CHAPTEE I.

It is peculiar to the subject which is now about
to be treated, that the division of wrongs made by
the writers on municipal law, into private wrongs,
or civil injuries, and public wrongs, or crimes and
misdemeanors, is not admissible in, or applicable to,
the system of Masonic jurisprudence. In Masonry,
every offence is a crime, because, in every violation
of a Masonic law, there is not only sometimes an
infringement of the rights of an individual, but
always, superinduced upon this, " a breach and vio-
lation of public rights and duties, which affect the
whole community [of the Order], considered as a
community," and this is the very definition of a
crime, as given by Sir William Blackstone.*

When a Mason transgresses one of the laws of
his country, he commits a wrong which, according
to its enormity and the effect which it has on private
or public rights, will, in the language of the muni-
cipal law, be denominated an injury, a misdemeanor,
or a crime, and he will, in a well ordered state, re

* Blackstone, B. IE. chap. i.

500

MASONIC CRIMES.

ceive the punishment which is due to the character
of the offence that he has committed. If the injury-
be simply one committed against an individual, the
court will look only to the amount of injury done
to the individual, and will require no compensation
for wrong done to the state.

But although the tribunals of the country may
have inflicted adequate punishment, so far as the
offended law of the state is concerned, a Mason is
still liable to further punishment from the Order,
of which he is a member. And this punishment will
be determined, not simply by the amount of injury
done to the individual, but also on the principle
that some wrong has likewise been done to the
Order ; for it is a settled axiom of Masonic law,
that every offence which a Mason commits is an in-
jury to the whole fraternity, if in nothing else, at
least in this, that the bad conduct of a single mem-
ber reflects discredit on the whole institution. And
this idea appears to have been eany entertained,
for we find one of the articles of the old Gothic
Constitutions declaring that a Mason shall harbor
no thief or thief s retainer, lest the craft should come
to shame. And again, in the same document, the
Master is directed to guard his Apprentice against
the commission of perjury, and all other offences,
by which the craft may be brought to shame. The
shame, therefore, that is brought upon the institu-
tion by the misdeeds of its members, is an impor-
tant element to be considered in the consideration
of every Masonic offence. And hence too, in view

MASONIC CElilKS. 501

of the public injury that every Mason inflicts upon
the Masonic community, when he transgresses the
municipal law, we arrive at the principle that all
penal offences are crimes in Masonry : That is to
say, that all private wrongs, to an individual are
public wrongs to the Order.

There is, however, a division of Masonic offences
which is well worthy of notice ; for, as the civil
law made a distinction between the juris prcecepta,
or precepts of the law, which were without any
temporal punishment, and the juris regulce, or rules
of law, which were accompanied with a penalty, so
the laws of Masonry may be divided into directive
precepts and penal regulations, the former being ac-
companied with no specified punishment, and the
latter always containing a penal sanction. Of the
latter, no example need be at present adduced ; but
of the former, we will find a well known instance
in the old Charges approved in 1722, where it is said
that every Mason ought to belong to a Lodge, while
no penalty is affixed for a violation of the precept.

The directive precepts of the Order are to be
found partly in the old Constitutions and partly in
the ritual, where they are constantly occurring as
indications of what should be done or omitted to
form the character of a true and trusty Mason. As
they constitute rather the ethics than the law of
Masonry, they can be considered in the present
work only incidentally and so far as, in particular
cases, they are connected with, or as they illustrate
a penal regulation.

502

MASONIC CRIME3.

The first class of crimes which are laid down in
the Constitutions, as rendering their perpetrators
liable to Masonic jurisdiction, are offences against
the moral law. " Every Mason," say the old Charges
of 1722, " is obliged by his tenure to obey the morai
law." Now, this moral law is not to be considered
as confined to the decalogue of Moses, within which
narrow limits the ecclesiastical writers technically
restrain it, but rather as alluding to what is called
the lex naturce, or the law of nature. This law of
nature has been defined by an able, but not recent
writer on this subject, to be " the will of God, re-
lating to human actions, grounded on the moral
differences of things ; and because discoverable by
natural light, obligatory upon all mankind."* This
is the " moral law," to which the old Charge already
cited refers, and which it declares to be the law of
Masonry. And this was wisely done, for it is evi-
dent that no law less universal could have been
appropriately selected for the government of an in
stitution whose prominent characteristic is its uni-
versality. The precepts of Jesus could not have
been made obligatory on a Jew ; a Christian would
have denied the sanctions of the Koran ; a Moham-
medan must have rejected the law of Moses ; and a
disciple of Zoroaster would have turned from all to
the teachings of his Zeud Avesta. The universal

* Grove, System of Moral Philosophy, vol. ii. p. 122. London, 1749,
Dr. Conybearf says, that " the law or religion of nature is so called,
either because it is founded in the reason or nature of things ; or else be-
cause it is discovered to us in the use and exeicise of those faculties whicl
we enjoy.''— Defence of Revealed Religion, p 11.

MASONIC CRIMES. SOP,

taw of nature, which the authors of the old Charges
have properly called the moral law, because it is, as
Conybeare remarks, " a perfect collection of all
those moral doctrines and precepts which have a
foundation in the nature and reason of things " is
therefore the only law suited, in etery respect, to
be adopted as the Masonic code.

Writers on this subject have given to this great
moral law of nature three characters, which make it
still more appropriate as a system for the govern-
ment of a universal, ancient and- unchangeable insti-
tution ; for it is said in the first place to be eternal,
having always existed — an " seternum quiddam," as
Cicero calls it — an eternal something, coeval with
God. Next, it is universal ; all mankind, of every
country and religion, being subject to it, whence
the Roman historian appropriately calls it "jus
hominum," or the law of men. And lastly, it is im-
mutable, which immutability necessarily arises from
the immutability of God, the author of the law.

This moral law of nature being the code adopted
for the government of the Masonic fraternity, it is
proper that some inquiry should be made into the
nature of the duties which it enjoins, and the acts
which it prohibits.

And, in the first place, the very existence of the
law implies the existence of a Supreme Power, who
must have enacted it, and of a responsibility to him
for obedience to it. And hence the same charge
which commences by declaring that a Mason is
bound to obey the moral law, continues the precept

504

MASONIC CRIMES.

by asserting, that if he rightly understands the art,
he will never be a stupid atheist, nor an irreligious
libertine. Atheism, therefore, which is a rejection
of a Supreme, superintending Creator, and irreli-
gious libertinism, which, in the language of that day,
signified a denial of all moral responsibility, are
offences against the moral law, because they deny
its validity and contemn its sanctions ; and hence
they are to be classed as Masonic crimes. This is
the only point of speculative theology with which
Masonry interferes. But here it is stern and un-
compromising. A man must believe in God, and
recognize a moral responsibility to him, or he can-
not be made a Mason ; or, if being made, he subse-
quently adopts these views, he cannot remain in the
Order.

Again : the moral law inculcates love of God,
love of our neighbor, and duty to ourselves.* Each
of these embraces other incidental duties which are
obligatory on every Mason. Thus, the love of God
implies that we should abstain from all profanity
and irreverent use of his name. The being whom
we truly love,*we cannot treat with disrespect. 1
know indeed of no offence more directly opposed to
the whole spirit of the institution than a profane

* It is singular how, without any concert, the writers on natural law
arrive at precisely the same results which are to be found in our old Charges
and Constitutions and ritual precepts. Grove says, "The three prime
iaws deducible from hence are the love of God, the love of our fellow-crea*
tures, and the regular management of our self-love." — Mor. Phil. ii. 190.
Now, compare this with the Charge to an Entered Apprentice : " There are
three great duties which as Masons you are charged to inculcate— to God,
yaix neighbor, and yourself."— Webb, p. 45.

MASONIC CR7MES,

505

use of that holy name, which is the most important
feature of the system of Masonry, as the all-pervad-
ing symbol of that Divine truth which it is the pro-
fessed object of every Mason to discover. Profanity
in a Mason, therefore, while it is an insult to the
majesty of our Maker, is also an irreverence for the.
religious design of the Masonic science, and as such
is a Masonic crime.

Universal benevolence, which Bishop Cumberland
calls " the prime law of nature," is the necessary re-
sult of love of our neighbor. Cruelty to one's in*
feriors and dependents, uncharitableness to the poor
and needy, and a general misanthropical neglect of
our duty as men to our fellow, beings, exhibiting
itself in extreme selfishness and indifference to the
comfort or happiness of all others, are offences
against the moral law, and therefore Masonic crimes.
Job, in one of his affecting remonstrances, has
beautifully enumerated the vices which flow from a
want of sympathy with our fellow-beings, any one
of which would, . if committed by a Mason, be a fit-
ting cause for the exercise of Masonic discipline.
" If I have withheld the poor from their desire, or
have caused the eyes of the widow to fail ; or have
eaten my morsel myself alone, and the fatherless
have not eaten thereof ; if I have seen any perish
for want of clothing, or any poor without a cover-
ing ; if his loins have not blessed me, and lie were
not warmed with the fleece of my sheep, then let
evil overtake nie.,;*

* Job. chap. xxxi. 16-20.

506

MASONIC CRIMEA.

Justice, which the civil law defines to oe tl a con-
stant and prevailing desire to give every one his
just due,"* is another necessary result of love of our
neighbor. As one of the cardinal virtues, the can-
didate is instructed in the ritual of the first degree
*; never to deviate from its minutest principles."
Injustice, therefore, in every form in which one man
can do wrong to another, is a violation of the maval
law, and a Masonic crime.

Lastly, from our duty to ourselves result all those
virtues, the practice of which enables us to discharge
the obligations we owe to society, our family, and %
our friends. In neglecting this duty, by abusing
the bounties of Providence, by impairing our facul
ties, by irregularity, and debasing our profession by
intemperance, we violate the moral law, and are
guilty of Masonic crime.

Next to violations of the moral law, in the cate-
gory of Masonic crimes, are to be considered the
transgressions of the municipal law, or the law of
the land. The jurists divide a"4 wrongful acts into
two classes — mala in se and nala prohibita. A
malum in se — an evil in itself — is that which is uni-
versally acknowledged to be such among all civilized
men. It is, in fact, a violation of the moral law of
nature. Of this class are murder, theft, and similar
crimes. A malum prohibitum — a prohibited evil —
is that which has been conventionally made so by
the enactment of the law ; so that what is malum

* " Justitia est constans et perpetua voluntas jos suum cinque tribuendi.*'-'
Ticsf. L !•

MASONIC CRIMES.

50"

prohibitum in one country, is no evil at all in
another. Such, are violations of the game laws in
England, or the selling of liquor without a license.
Now, of course all mala in se are crimes in Masonic
jurisprudence, because they are violations of the
moral law. But mala proJiibita are not necessarily
so, and would not be considered as such, if it were
not for the relation that the laws of Masonry beai
to the laws of the land. Obedience to constituted
authority is one of the first duties which is impres-
sed upon the mind of the candidate,* and hence he
who transgresses the laws of the government under
which he lives, violates the teachings of the Order,
and is for this cause justly obnoxious to Masonic
punishment.

It may appear at first sight to be a violation of
the great principles of justice to punish a man a
second time for the same offence, and it may there-
fore be supposed that when a Mason has once under-
gone the penalty of the laws of his country, he
should not be again tried and punished in his Lodge
for the same crime. But this is not the theory upon
which Masonic punishment is inflicted in such cases.
When a Mason violates the laws of his country, he
also commits a Masonic crime ; for, by his wrong
doing, he not only transgresses the Masonic law of
obedience, but he also " brings shame upon the

* " In the state,you are to be a quiet and peaceful subject, true to youi
government, and just to your country ; you are not to countenance disloyaltj
or rebellion, but patiently submit to legal authority, and conform with cheer
fulness to the government of the country in which you live." — Charge to at
Entered Apiwertiice. Webb, p. 45.

508

MASONIC CRIMES.

craft." Of this crime the laws of the country take
no cognizance 5 and it is for this alone that he is to
be tried and punished by a Masonic tribunal.

And from this arises an important principle of
Masonic law. If A shall have been tried and con-
victed of a crime in the courts of his country,
charges may be preferred against him in his Lodge
for conduct unbecoming a Mason ; and on the trial
it will not be necessary to introduce testimony to
prove the commission of the act, as was done in the
temporal court. It will be sufficient to adduce evi-
dence of his conviction, and the fact of this convic
tion will be alone a good reason to render him
obnoxious to a Masonic penalty. He has, by the
conviction, brought " shame upon the craft," and for
this he shall be punished. It is true that there may
be cases in which it is apparent that the conviction
in the court was an unjust one, or there may be pal-
liating circumstances, which, without affecting the
results in law, would tend greatly to mitigate the
heinousness of the transaction. But the burthen of
showing these palliating or mitigating features will
lie upon the accused. Unless he can show cause to
the contrary, he must be punished for having, by
his bad conduct, brought censure and reproach on
the fraternity.*

* " Masons," said the Grand Orator of Texas. (Bro. James B, Likens)
in 1866, " should so live and act as to be far above the taint of moral re
proacb, and their course should be such as to reflect bright lustre upon the
principles tbey profess, that our institution may increase in the esteem of the
good, and an eternal silence be imposed on the envenomed tongue of igno
rant and malicious opposition." It is for disobedience to this wholesome
precept that the wrong-doing Mason must be punished.

MASONIC CRIMES.

500

But these remarks are only applicable to convic-
tions of crimes which are of an infamous or igno-
minious character ; for, where the offence is not
against the moral law, but is simply a malum pro-
hibitum, or is not of such a nature as to bring with
it loss of reputation to the offender, then the Ma-
sonic Order will, in most cases, be satisfied that the
courts shall vindicate themselves, and will not inter-
fere, except in special instances, to exercise Masonic
jurisdiction. Thus, in the instance of a simple as-
sault, in retaliation for injurious words, where one
party only is a Mason, although the municipal law
will not consider any words as a justification, and
will proceed to conviction, still, as the offence is not
infamous, nor the punishment ignominious, and the
character of the Order does not need to be vindi-
cated, the Lodge will not take cognizance of the
act. The simple rule is, that where the crime is not
against the moral, as well as the municipal law, the
Order will not exercise jurisdiction over the offend-
er, unless it is required for the vindication of the
character of the institution, affected through the
wrong-doing of one of its members.

Again : the Order will take no cognizance of
ecclesiastical or political offences. And this arises
from the very nature of our society, which eschews
all controversies about national religion or state
policy.* Eence apostasy, heresy and schisms, al-
though considered in some governments as heinous
offences, and subject to severe punishment, cannot

* See the Charge* of 1722, vi. 2 ante p. 64

510

MASONIC CRIMES.

become the foundation of a charge in a Masonic
Lodge.

Treason and rebellion also, because they are alto-
gether political offences, cannot be inquired into by
a Lodge ; and although a Mason may be convicted
of either of these acts in the courts of his eountry
he cannot be masonically punished ; and notwith
standing his treason or rebellion, his relation to the
Lodge, to use the language of the old Charges,
remains indefeasible.*

Lastly, in reference to the connection of the laws
of the land with those of Masonry, it must be stated
that an acquittal of a crime by a temporal court
does not relieve a Mason from an inquisition into
the same offence by his Lodge ; for acquittals may
be the result of some technicality of law, or other
cause, where, although the party is relieved from
legal punishment, his guilt is still manifest in the
eyes of the community ; and if the Order were to be
controlled by the action of the courts, the character
of the institution might be injuriously affected by
its permitting a man who had escaped without honor
from the punishment of the law, to remain a mem-
ber of the fraternity. In the language of the
Grand Lodge of Texas, " an acquittal by a jury,
while it may, and should, in some circumstances,

* This doctrine is explicitly set forth in the old Charges approved in 1722,
chap. il See ante p. 56. The wisdom of this Regulation will be apparent
tvhen we consider that if treason and rebellion were Masonic crimes, almost
every Mason in the United Colonies, in 1776, would have been subject to ex-
pulsion, .and every Lodge to a forfeiture of its wan-ant by the Grand Lodges
oJ England and Scotland, 'iiider whose jurisdiction they were at the time

MASONIC CRIMES.

511

have its influence in deciding on the course to be
pursued, yet has ro binding force in Masonry. We
decide on our own rules, and our own view of the
facts."*

The last class of crimes which are cognizable by
a Masonic tribunal, are violations of the Landmarks
and Regulations of the Order. These arc so nume-
rous that space cannot be afforded for even a bare
catalogue. Reference must be made only to a few
of the most important character.

A disclosure of any of the secrets which a Mason
" has promised to conceal and never reveal," is a
heinous crime, and one which the monitorial lec-
ture of the first degree expressly says, " would sub-
ject him to the contempt and detestation of all good
MasoHS."f

Disobedience and want of respect to Masonic su-
periors, is an offence for which the transgressor
subjects himself to punishment.^

The bringing of " private piques or quarrels" into
the Lodge is strictly forbidden by the old Charges,
and the violation of this precept is justly considered
as a Masonic offence.

A want of courtesy and kindness to the brethren,§

* Rep. of Com. on Grievances and Appeals of G. L. of Texas. 1856.
Proc. vol. ii. p. 273.
f Webb, p. 42.

$ " These rulers and governors, supreme and subordinate, of the ancient
Lodge, are to be obeyed in their respective stations by all the brethren . . . ,
with all humility, reverence, love and alacrity." — Charges 0/1722, chap, iv
ante p. 57.

§ u Every Mason shall cultivate brotherly love." — Old York Constitutions
oomt 1. The doctrine is constantly taught in all the old Constitutions.

512

MASONIC CRIMES.

speaking ealunmiously of one behind his back * or
in any other way attempting to injure him,t is each
a violation of the precepts of Masonry, and should
be made the subject of investigation.

Striking a Mason, except in self-defence, is a
heinous transgression of the law of brotherly love,
which is the foundation of Masonry. It is not,
therefore, surprising that the more serious offence
of duelling among Masons has been specifically con-
demned, under the severest penalties, by several
Grand Lodges.

The ancient Installation Charges in the, time of
James II., expressly prohi! it a Mason from doing
any dishonor to the wife or daughter of his brother -%
but it is scarcely necessary to remark that still
higher authority for this prohibition may be found
in the ritualistic Landmarks of the Order.

Gambling is also declared to be a Masonic offence
in the old Charges.§

As I have already said, it would be possible, but
hardly necessary, to extend this list of Masonic
offences against the Constitutions and Regulations
of the Order. They must be learned from a dili-

* " If a Mason live amiss, or slander tife brother, so as to bring tl? craft
to shame, he shall have no further maintenance among the bretnren."--.
Ibid, point 10.

t " A Mason shall not deny the work of a brother or fellow, but shall deal
honestly and truly by him." — Ibid, art. 12.

% " Ye shall not take your fellow's wife in villainy, nor deflower his daugh-
ter or servant, nor put him to disworship."— Anc. Inst. Charges, 5. Se€
ante p. 50.

§ " A Mason must be no common player at the cards, dice, or hazard
Ancient Charges at Makings, 8 ; ante p. 51.

MASONIC CRIMES.

513

gent perusal of these documents, and the study of
the Landmarks and ritualistic observances. It is
sufficient to say that whatever is a violation of
fidelity to solemn engagements, a neglect of pre-
scribed duties, or a transgression of the cardinal
principles of friendship, morality and brotherly love,
is a Masonic crime, and renders the offender liable
to Masonic punishment,

CHAPTER IT

The object of all punishment, according to the
jurists, is twofold : to vindicate the offended majesty
of the law, and to prevent its future violation by
others, through the impressive force of example.
In reference to this latter view, it is reported of
Lord Mansfield that on a certain occasion he said,
"A man is not hung because he has committed a
larceny, but he is hung that larcenies may not be
committed." This is perhaps the most humane and
philosophical principle on which the system of
punishments can be founded. To punish merely as
a satisfaction to the law, partakes too much of the
nature of private retaliation or revenge, to be worthy
of a statesmanlike policy.

But ir the theory of Masonic punishments, an-
othei element is to be added, which may readily
be cc^ ' 3ctured from what has already been said
on the subject of crimes in the last chapter. Pun-
ishment in Masonry is inflicted that the character
of the institution may remain unsullied, and that
the unpunished Times of its members may not

MASONIC PUNISHMENTS.

515

injuriously reflect upon the reputation of the whole
society.

The right, on the part of the Masonic Order, to
inflict punishment on its. members, is derived from
the very nature of all societies. "Inasmuch," says
President Wayland * " as the formation of a society
involves the idea of a moral obligation, each party
is under moral obligation to fulfill its part of the
contract. The society is bound to do what it has
promised to evory individual, and every individual
is bound to do what he has promised to the society."
It is this mutual obligation which makes a violation
of a purely Masonic law a penal offence, and which
gives to the Lodge the right of imposing the penalty.
Protection of the good and punishment of the bad,
are a part of the contract entered into by the Order,
and each of its members.

But the nature of the punishment to be inflicted
is restricted within certain limits by the peculiar
character of the institution, which is averse to some
forms of penalty, and by the laws of the land, which
do not give to private corporations the right to im-
pose certain species of punishment.

The infliction of fines or pecuniary penalties has,
in modern times at least, been considered as con-
trary to the genius of Masonry, because the sanc-
tions of Masonic law are of a higher nature than
any that could be furnished by a pecuniary penalty.
The imposition of a fine for transgression of duty,
would be a tacit acknowledgment of the inadequacy

* Elements of Moral Science, p. 335.

516

MASONIC CENSURE.

of those sanctions, and would hence detract from
their solemnity and binding nature*

Imprisonment and corporal punishment are equally
adverse to the spirit of the institution, and are also
prohibited by the laws of the land, which reserve
the infliction of such penalties for their own
tribunals.

Masonic punishments are therefore restricted to
the expression of disapprobation, or the deprivation
of Masonic rights, and may be considered under the
following heads :

1. Censure ;

2. Reprimand ;

3. Exclusion ;

4. Suspension, Definite or Indefinite ;

5. ' Expulsion.

To each of these a distinct section must be
allotted.

SECTION I.

MASONIC CENSURE.

m the canon law, ecclesiastical censure was a
penalty which carried with it a deprivation of com-
munion, or, in the case of clergymen, a prohibition
to exercise the sacerdotal office.

But in Masonic law, it is the mildest form of
punishment that can be inflicted, and may be de-
fined to be a formal expression of disapprobation,

* Except in a single article of the Gothic Constitutions of 926, 1 do not find
in any of the old Constitutions, Regulations and Charges, the remotest refer
snce to a pecuniary penalty for the breach of any Masonic duty.

REPRIMAND.

517

without other result than the effect produced upon
the feelings of him who is censured.

The censure of a member for any .violation of
duty is to be adopted in the form of a resolution,
which simply expresses the fact that the Lodge dis-
approves of his conduct in the particular act* It
may be adopted by a bare majority, and effects no
deprivation of Masonic rights or Masonic standing.
Inasmuch, however, as it is a penalty inflicted for
an offence, although a very light one, it is due to
comity and the principles of justice, that the party
towards whom the censure is to be directed should
be notified of the fact, that he may have an oppor-
tunity to defend himself. A member, therefore,
wishing to propose a vote of censure, should always
give notice of the same ; or, what amounts to the
same thing, the resolution of censure should never
be proposed and acted on at the same mooting.

It is competent for any member, in the same way,
and on notice given, to move the revocation of a
vote of censure ; and the Lodge may, ut any regu-
lar communication, reverse such a vote. It is al-
ways in the power of a Lodge to retrace its steps
when an act of injustice is to be redressed.

SECTION n.

REPRIMAND.

Kuprimand is the next grade of Masonic punish
ment, and may be defined as a severe reproof for
^ome fault formally communicated to the offender

518

REPRIMAND.

It differs from censure in this, that censure is
simply the expression of an opinion in relation to
certain conduct, while reprimand is an actual punish-
ment inflicted on the offender by some officer ap-
pointed for that purpose.

Censure, as I have already said, may be expressed
on a mere motion, and does not demand the forms
of trial, although the party against whom it is pro-
posed to direct the censure should always have an
opportunity of defending his conduct, and of oppos-
ing the motion for censure.

But reprimand cannot be predicated on a mere
motion. It must be preceded by charges and a
trial. I suppose, however, that a mere majority
will be competent to adopt a sentence of reprimand.

Reprimand is of two kinds, private and public —
the latter of which is a higher grade of punishment
than the former. Private reprimand is generally
communicated to the offender in the form of a let-
ter. Public reprimand is given orally in the Lodge,
and in the presence of all the brethren. The mode
and terms in which the reprimand is to be communi-
cated are of course left to the discretion of the
executive officer ; but it may be remarked that no
additional ignominy should be found in the language
in which the sentence of the Lodge is communicated.
The punishment consists in the fact that a repri-
mand has been ordered, and not in the uncourteous
terms with which the language of that reprimand
may be clothed. But under particular circumstances
the Master may find it expedient to dilate upor

EXCLUSION.

519

the nature of the offence which has incurred the
reprimand.

The Master of the Lodge is the proper person to
whom the execution of the reprimand should be
intrusted.

Lastly, a reprimand does not affect the Masonic
standing of the person reprimanded.

SECTION in.

EXCLUSION.

In the Grand Lodge of England, the word ex-
clusion is technically used to express the act of re-
moving a Mason from a private Lodge, by the act
of the Lodge itself, or of a Provincial Grand Lodge,
while expulsion is employed to signify the same act
when performed by the Grand Lodge.* But in this
country, this use of the word is not known.

Exclusion, under the American law of Masonry,
may be briefly defined to be a deprivation of the
rights and benefits of Masonry, so far as they relate
to any particular Lodge, but not to the whole fra-
ternity. It is of two kinds, temporary and perma-
nent, each of which must be separately considered.

1. Temporary Exclusion. — A violation of the
rules of order and decorum, either in a member or
visitor, subjects sueh offender to the penalty of ex-

* " The tenr expelled is used only when a brother is removed from the
craft by the Grand Lodge. In a district Grand Lodge, or upon removal of
a brother from a private Lodge, the term excluded only is appl"cabie.v—
Const. Q. L. of England, 1847, page 67, note.

520

EXCLUSION.

elusion for that communication from the Lodge.
It may be inflicted either by a vote of a majority
of the Lodge, or, as is more usually done, by the
exercise, on the part of the Master, of his preroga-
tive ; for the Master of every Lodge has the inhe-
rent privilege to exclude any person from visiting
the Lodge, or remaining during the communication,
if his presence would be productive of injury to the
Order, by impairing its harmony or affecting its
peaceful pursuit of Masonic labor. If a Mason,
whether he be a member or a visitor, apply for ad-
mission, the Master, if he knows or believes that
the admission of the applicant would result in the
production of discord, may exclude him from en-
trance ; and this prerogative he exercises in virtue
of being the superintendent of the work. But this
prerogative has already been discussed in preced-
ing pages of this work, to which the "reader is
referred.*

If a member or visitor shall behave in an unbe-
coming and disorderly manner, he may be excluded
for that communication, either by the Master or the
Lodge. The Master possesses the power of exclu-
sion on such an occasion, under the prerogative to
which reference has just been made ; and the Lodge
possesses the same right, by the especial sanction
of the ritual, which, at the very opening of the
Lodge, forbids all " immoral or unmasonic conduct,
whereby the peace and harmony of the Lodge may
be impaired, under no less a penalty than the by*

* See ante p. 208, and p. 348

EXCLUSION.

521

laws may impose, or a majority of the brethren
present see fit to inflict."

The command of the Master, therefore, or the
vote of a majority of the Lodge, is sufficient to in-
flict the penalty of temporary exclusion. The forms
of trial are unnecessary, because the infliction of the
penalty does not affect the Masonic standing of the
person upon whom it is in dieted. An appeal, how-
ever, always lies in such cases to the Grand Lodge,
which will, after due investigation, either approve
or disapprove of the action of the Lodge or the
Master, and the vote of censure or disapprobation
will be, of course, from the temporary nature of the
penalty, the only redress which a Mason, injured by
its wrongful infliction, can obtain.

2. Permanent Exclusion. — This penalty is, in this
country, only inflicted for non-payment of arrears,
and is more usually known as the act of striking
from the roll. There are a few Grand Lodges
which still permit the punishment of suspension to
be inflicted for non-payment of arrears ; but the
good sense of the fraternity is rapidly leading to
the conclusion, that the infliction of such a penalty
in these cases — a penalty severing the connection
of the delinquent with the whole Order, for an
offence committed against a particular Lodge — an
offence, too, involving no violation of the moral law,
and which is, in many instances, the result rather of
misfortune than of a criminal disposition — is op-
pressive, and altogether opposed to the equitable
and benign principles of the Masonic institution.

522

EXCLUSION".

Hence erasure from the roll. or. in other words, per-
manent exclusion, is now beginning to be considered
as the only adequate , punishment for an omission
to pay the annual tax imposed by every Lodge on
its members.*

I say that suspension is an oppressive and inade-
quate penalty for the offence of non-payment of
dues, and it is perhaps proper that this position, as
it is contrary to the practical views of a few Grand
Lodges, should be maturely examined.

This striking of names from a Lodge roll is alto-
gether a modern practice, taking its rise since the
modern" organization of permanent Lodges* Id
ancient times, Lodges were temporary associations
of Masons for special and limited purposes. Ori-
ginally, as Preston informs us, " a sufficient number
of Masons, met together within a certain district,
with the consent of the sheriff or chief magistrate
of the place, were empowered to make Masons, and
practise the rights of Masonry without warrant of
constitution." Then, of course, there being no per-
manency of organization, there were no permanent
members, and consequently no payment of arrears,
and no striking from the roll. It was only after

* Thus, tbe Gr*nd Lodge of South Carolina, in 1845, adopted a regulation,
declaring that " the penalty of expulsion for non-payment of arrears is abro-
gated by this. Grand Lodge, and the only punishment to be hereafter inflicted
for such defalcation shall be a discharge from membership." And the On-
stitution of the Grand Lodge of New York (1854) prescribes, that " arrears
for one year's dues shall subject a member to be stricken from the roll of his

Lodge ; and the member shall thereupon become non-affiliated ; but

no acr, of censure, suspension or expulsion, shall be pronounced thereon foi
non-payment of dues only."

EXCLUSION.

523

1717, that all these things were introduced ; and as
Lodges pay some contribution to the Grand Lodge
for each of their members, it is evident, as well as*
from other palpable reasons, that a member who
refuses or neglects to support the general Lodge
fund, will become pecuniarily onerous to the Lodge.
Still, the non-payment of arrears is only a violation
of a special voluntary obligation to . a particular
Lodge, and not of any general duty to the frater-
nity at large. The punishment therefore inflicted
(if it is to be considered at all as a punishment,)
should be exclusion or erasure from the roll, which
only affects the relations of the offender with his
own Lodge, and not suspension, which would affect
his relations with the whole Order, whose moral
code he has not violated.

Does striking from the roll, then, impair the
general rights of a Mason ? Are its effects, even in
a modified form, similar to those of suspension or
expulsion, and is his standing in the Order affected
by the erasure of his name? Bro. W. M. Perkins,
the late able Grand Master of the Grand Lodge of
Louisiana, writing on this subject in his annual ad-
dress in 1858, said, that " striking his name from
the roll of the members of the Lodge, under a by-
law, does not affect a brother's standing in the fra-'
ternity, nor debar him from any of the privileges of
Masonry, except that of membership in the particu
lar Lodge."*

I cordially concur with Bro. Perkins in this vievv.

* Proc. G. L. of Louisiana, 1858.— Grand Master's Address.

524

EXCLUSION.

I cannot for a moment suppose that a transgression
of the by-laws of a particular Lodge, involving no
moral turpitude, and violating no general law of the
Order, can have any effect on the relations of the
transgressor with the Order. He who is excluded
from membership in his Lodge, for not complying
with the rule which levies a tax upon him, loses, of
course, his membership in that Lodge ; but his mem-
bership in the great body of the craft, against
whom he has committed no offence, still remains
unimpaired.

But he loses something. He is, to a certain ex
tent, shorn of his Masonic privileges ; for he for-
feits the right of membership in his own Lodge, and
with it all the other rights which are consequent on
such membership. And hence the question naturally
arises, can he be deprived of this right of member-
ship— can his name be stricken from the roll — by
the mere operation of a by-law, without any form
of trial, and without any opportunity for defence or
explanation ?

Now, to say nothing of the injustice which is in
many instances perpetrated when a Mason is stricken
from the roll of his Lodge for non-payment of dues —
since the omission to pay may often arise from po-
* verty> misfortune, excusable neglect, or other causes
beyond the control of the delinquent — to say no-
thing of all this — because the question here is not
as to the nature of the offence, but as to the mode
in which punishment is to be inflicted — it follows,
from all the recognized principles of justice, law

EXCLUSION.

525

and common sense, that the crime should be first
proved, and the accused be heard in his defence^
before judgment be pronounced against him.

The erasure of a member's name,#by the mere
Operation of a by-law of his Lodge, without any
opportunity being given to him to explain or defend
his conduct — to offer reasons why the law should
not be enforced in his case, or to prove that he has
not violated its provisions, would, under any other
circumstances, and in relation to any other offence,
be at once admitted every where to be a most mani-
fest violation of all Masonic law and equity. If
the by-laws of a Lodge, for instance, prescribed
erasure for habitual intemperance, and required the
Secretary to keep a record of the number of times
that each member exceeded the strict limits of so-
briety, who will dare to say that at any time, on
the mere report of the Secretary that a member had
violated this by-law, and was habitually intemper-
ate, he should at once, without further action, and
by the mere operation of the by-law in question, be
stricken from the roll of his Lodge ? There is no
ou c who does not see the obvious necessity, in such
a case, of a charge, a summons, and a trial. To ex-
clude the worst member of a Lodge under such a
by-law, without these preliminary measures, would
be so fatal a violation of the principles of Masonry,
as justly to subject the Lodge to the severest repre-
hension of the Grand Lodge.

And yet the fact that the offence is not intempe-
rance, but non-payment of arrears, does not in tho

526

EXCLUSION.

slightest degree involve a difference of principle.
Xdmit, for the sake of argument * that the failure
to pay Lodge dues is in itself a Masonic offence, and
that a Lodge*is right to declare exclusion an appro-
priate punishment for its commission, still there
exists here, as in the more undoubted crime of
habitual drunkenness, as necessary elements to the
justice of the punishment, that there should be a
charge, a summons and a trial — that the defaulting
brother should have an opportunity to defend him-
self, and that the Secretary who accuses him should
be made to prove the truth of his charge, by the
correctness of his accounts. It is the Magna Charta
of Masonic liberty " that no Mason can be punished
or deprived of any of the privileges of Masonry,
except upon conviction after trial and to this, in
every other case, except non-payment of arrears,
there will not, I suppose, be a single dissenting
voice in the whole body of the craft. It is time
that, guided by the dictates of sound justice and
good common sense, this exception should no longer
be made. It is time that the Mason should no
longer be permitted to say, as a reproach to the

* I use this qualifying phrase, because it is evident, that in cases of po-
verty, misfortune, or other unavoidable inability, non-payment of arrears is
not a Masonic offence, nor an offence of any kind. And when it can be
proved that the omission to pay arises from an intention to defraud the Lodgo
of its just dues, or from any similar cause, then a new offence is geserated,
of which the Lodge should take cognizance, under a distinct charge. In all
that has been here said of non-payment of dues, it is viewed simply as a
debt, the obligation to discharge which is admitted, but the criminality of
not complying with which obligation is not always evident, nor necessarily
to be assumed.

EXCLUSION.

527

consistency of our legal code, . " 1 may lie, I may
steal, nay, I may commit murder, and my Lodge
•will not and dare not deprive me of my Masonic
privileges, except after a conviction derived from
an impartial trial ; but if I omit to pay the Secre-
tary a few dollars, then, upon his mere report, with-
out any opportunity given me to show that the
omission was the result of ignorance, of poverty, of
sickness, or of misfortune, I may, without trial and
with no chance of defence, be visited with the se-
vere penalty of Masonic exclusion."

If, then, it be admitted, as I presume it will, that
expulsion or suspension cannot be inflicted without
trial, and that, simply because it is a punishment,
and because punishment should always follow, and
not precede conviction, then to strike the name of a
member from the roll of his Lodge, would be
equally as illegal, unless he were called upon to
show cause why it should not be done. The one
principle is strictly analogous with the other. If
you cannot suspend without trial, neither can you
strike from the roll without trial. It is unneces-
sary, therefore, to extend the argument ; but I sap-
pose that the postulate will be granted under the
general axiom, that no punishment whatsoever can
be inflicted without preliminary trial and oppor-
tunity for defence.

And therefore it may be laid down as Masonic
law, that no member should be stricken from the
roll of his Lodge, except after due notice given to
him, and opportunity afforded for defence \ after

528

SUSPENSION.

which it is generally .held, that a vote of the majority
will be sufficient to put the by-law in force, and de*
clare the penalty of exclusion.

SECTION IV.

SUSPENSION.

We have now arrived, in the course of our in-
vestigations, at a class of punishments which affect
the standing in the Order of the persons upon whom
they are inflicted. Of these the least, and therefore
the first to be considered, is suspension.

Suspension may be defined to be a temporary
privation of the rights and privileges of Masonry.
This privation may be for a fixed or an indetermi-
nate period, whence results the division of this class
of punishments into two kinds — definite and indefi-
nite. The effect of the penalty is, for the time that
it lasts, the same in both - kinds ; but as there are
some differences in the mode in which restoration
to rights is to be effected in each, a separate con-
sideration will be required.

Definite Suspension. — By definite suspension, is
meant a deprivation of the rights and privileges of
Masonry for a fixed period of time, which period is
always named in the sentence. By the operation
of this penalty, a Mason is for the time prohibited
from the exercise of all his Masonic privileges.
His rights are placed in abeyance, and he can
neither visit Lodges, hold Masonic communication,

SUSPENSION.

529

nor receive fraternal relief, dunng the period for
which he has been suspended.

But he is still a Mason, By suspension, as by the
" relegatio " of the Roman law, Masonic citizenship
is not lost, although the exercise of its rights and
duties is temporarily interdicted. And therefore,
as soon as the period limited by the sentence has
expired, the Mason at once resumes his former posi-
tion in the Order, and is reinvested with all his Ma-
sonic rights, whether those rights be of a private or
of an official nature.

Thus, if an officer of a Lodge has been suspended
for three months from all the rights and privileges
of Masonry, a suspension of his official functions
also takes place. But a suspension from the dis-
charge of the functions of an office is not a depriva-
tion of the office ; and therefore, as soon as the
three months to which the suspension had been
limited have expired, the brother resumes all his
rights in the Order and the Lodge, and with them,
of course, the office which he had held at the time
that the sentence of suspension had been iirflicted.

No sentence of suspension can be imposed upon
any Mason, except alter the most solemn forms of
trial, and then only by the concurring vote of two-
thirds of the members present

It is impossible to define, in a work on the gene-
ral principles of law, which is the nature and degree
of the offences for which suspension would be con-
sidered as an appropriate punishment. The Grand
Lodge of New York has declared that it is only to
23

530

SUSPENSION.

be inflicted " where the offence is against some-
police or temporary regulation of the fraternity/

If any rule is to be prescribed on the subject, this
is perhaps the best ; but in fact, the apportionment
of the punishment to the crime, in all violations of
the Masonic law, is to be left to the sound discre
tion of the Lodge which has tried the case.; and in
every trial there will, of necessity, appear many
qualifying circumstances peculiar to each transac-
tion, which must control and direct the court in its
infliction of punishment.

Restoration from definite suspension may take
place in two ways. First, by a vote of the Lodge,
abridging the period of suspension and restoring the
party before the term of suspension has expired.
This may be considered in the light of a pardon ;
and this clemency it is the prerogative of the Lodge
to exercise, under the necessary restrictions that
the restoration is made at a regular communication
of the Lodge, and by a vote of two-thirds of those
present ; for, as it required that number to impose
the sentence, it will not be competent for a less
number to reverse it. But due notice, at least one
month previously, should be given of the intention
to move for a restoration, because the reversal of a
sentence is an unusual action, and the members will,
by such notice, be enabled to be present and to ex-
press their views, while a sudden motion, without
due notice, would take the Lodge by surprise, and
surprises are as contrary to the spirit of Masonic
as they are or Municipal law.

SUSPENSION.

531

In the next place, and this is the .nost usual mode,
restoration from definite suspension results from the
natural expiration of the period fixed by the sen-
tence. T^us, if on the 1st day of January, a mem-
ber be suspended for three mouths, that is to say,
until the 1st day of April, then on the 1st of April,
he at once, and by the mere operation of the law,
becomes a restored Mason. No vote of the Lodge
is necessary ; for its previous action, which had de-
clared him to be suspended until the 1st of April,
included the fact that he was not to be suspended
any longer ;* and therefore, on the 2d of April, he
is, by the expiration of his sentence, in good stand-
ing. No vote of the Lodge is therefore necessary
to restore one, who has been definitely suspended, at
the expiration of his sentence ; but he at once, by
the very terms of that sentence, takes his place as a
Mason restored to all his rights.

In former works, I had very elaborately con-
sidered the question, but it is scarcely necessary to
repeat, in this place, anything more than the gene-
ral conclusion ; and besides, I confess that there is
some difficulty in adducing arguments to prove that
suspension for three months means suspension for
three months, and no more. It is difficult to prove
all truisms. The ingenious logician may find it a
pleasant task to establish some doubtful thesis, but
an irksome one to prove that " white is white and

* Expressio unius est exclusio alterius^—ihe express mention of one
thing implies the exclusion of another. A sentence of suspension for three
months excludes the idea of a suspension for even a day longer.

532

SUSPENSION.

black is black." The learned mathematician will
delight in demonstrating some abstruse proposition,
out will scarcely know how to establish the fact
that " things which are equal to the same thing, are
equal to each other." So is it equally tedious and
unsatisfactory to show, by special arguments, that
when the sentence of a Lodge is, that "AE shall
be suspended for three months," it means anything
more than that, at the expiration of the three
months, the suspension shall determine and cease.

Indefinite Suspension. — Indefinite suspension, as
the qualifying word imports, is a suspension for a
period not determined and fixed by the sentence,
but to continue during the pleasure of the Lodge.
In this respect only does it differ from the preced-
ing punishment. The position of a Mason, under
definite or indefinite suspension, is precisely the
same as to the exercise of all his rights and privi-
leges, which in both eases remain in abeyance, and
restoration in each brings with it a resumption of
all the rights and functions, the exercise of which
had been interrupted by the sentence of suspension.

There is, however, a shade of difference between
the two punishments — indefinite suspension being
inflicted for offences of a more aggravated nature
than those for which the penalty of definite sus-
pension is prescribed. It must, of course, be the
result of conviction, after due charges and trial, and
can only be inflicted by a vote of two-thirds of the
members present.

Restoration of an indefinitely suspended member

SUSPENSION.

533

is always by a resolution of the Lodge, and by a
vote of two-thirds. This seems to be an un question
able principle of law ; for when a member has been
indefinitely suspended, the very word " indefinitely*
implies that lie may, at any time thereafter, whether
it be one month or one year, be restored. No time
for his restoration is specified in the terms of the
sentence. He is indefinitely suspended — suspended
for an uncertain period — that is, during the pleasure
of the Lodge. And therefore I hold, that at any
regular communication, it is competent for a mem-
oer to move for a restoration, which motion may be
adopted by a concurring vote of two-thirds of the
members present.

In this case no previous notice of the intention to
move for a restoration is necessary, because no
member has a right to plead, that by such a motion
he is taken by surprise. The very terms of the sen-
tence of indefinite suspension include the fact that
the sentence may, at any time, be terminated by the
action of the Lodge. Due notice of a regular com-
munication is supposed to be given to every mem-
ber ; and the fact that it is a regular communication
is in itself a notice by the by-laws. The restoration
of a Mason, suspended for a definite period, before
the expiration of his term of sentence, is something
that no member has a right to expect ; and there-
fore, as I have already said, a motion for such resto-
ration might act as a surprise. But a member
indefinitely suspended is suspended during the plea-
sure of the Lodge, and it is competent for the Lodge,

534

SUSPENSION.

at any time, to declare that such suspension shall
terminate. While, however, such is the legal prin-
ciple, it is not to be denied that Masonic comity
should induce any member about to propose a mo-
tion for restoration, to give timely notice of his in-
tention to his brethren, and the restoration itself
will be of a much more honorable character when
thus made, after due notice, mature consideration,
and in a full Lodge, than when suddenly granted,
upon a moment's notice, and perhaps at a thinly
attended meeting.

Do the annual dues of a member under suspension
continue to accrue during his suspension ? I should
say, clearly not. Dues are paid by members to their
Lodges for the enjoyment and exercise of certain
rights which pertain to membership. If the exer-
cise of these rights is prohibited, it seems but an
equitable conclusion that payment for the exercise
of the rights should be suspended with the suspen-
sion of the rights themselves. No man should be
made to pay for that which he does not receive.

This view is practically adopted everywhere in
the case of indefinite suspension ; for the Secretary
invariably abstains from continuing his account
with an indefinitely suspended member, and I see
no reason why a different rule should be adopted in
reference to members under definite suspension.
The two penalties differ only in respect to the ex-
tent of time for which they are inflicted, and in the
forms to be pursued in acquiring restoration. In
all other respects they are precisely alike, and are
to be governed by the same principles.

EXPULSION" .

535

SECTION V.

EXPULSION.

Expulsion is the severest punishment that can be
inflicted on a delinquent Mason. If suspension finds
its similitude in the imprisonment, or rather, in the
banishment of the municipal law, expulsion may as
properly be compared to the punishment of death.
There is a remarkable coincidence between the sen-
tence of expulsion by Masonic authority and the
sentence of death by the law of the land, each of
which is " the most terrible and highest judgment "
in the respective judicatures. " When it is clear,
beyond all dispute," says Blackstone, " that the crimi-
nal is no longer fit to live upon the earth, but is to
be exterminated as a monster and bane to human so-
ciety, the law sets a note of infamy upon him, puts
him out of its protection, and takes no further care
of him than to see him executed. He is then called
attinctus, stained or blackened."* So, when the sen-
tence of expulsion is pronounced against a Mason,
his Masonic existence at once ceases; he is no longer
looked upon as a Mason — all communication with
him as such ceases, just as much as if he were actu-
ally dead. His testimony cannot be taken in a
Masonic trial — for, like the felon convicted of a
capital crime, he has been attainted, and rendered
infamous — his brethren can know him no more.
Expulsion is, in one word, Masonic death.

As this penalty is of so severe a nature, rupturing

* Commentaries, B. iv., ch. 29.

636

EXPULSION.

all the ties which bind a Mason to the fraternity, it
is evident that it should only he inflicted for the
most heinous offences — offences which, in their na-
ture, affect the character, the well-being and the
safety of the whole society, and hence the Grand
Lodge of New York has very wisely ordered that
it shall only follow "a gross violation of the moral
law, or the fundamental principles of Masonry, or
attempts against any part of the frame-work of its
government."* The penalty is not inflicted so much
as a punishment of the guilty person, as it is as a safe-
guard or security of the Order. The object is not
to reform an evil, but to prevent its influence on the
fraternity. A Mason who habitually transgresses
the moral code, or lives in constant violation of the
fundamental teachings of the Order, is to the so-
ciety, what a gangrenous limb is to the body. The
incurable wound, says the Roman poet, must be cut
off with the knife, lest the healthy part of the body
ne involved in the disease.f And so the unworthy
Mason is to be expelled from the Order, lest his ex-
ample spread, and disease be propagated through
the whole constitution of Masonry. But, in accord-
ance with this principle, expulsion should be inflicted
only for offences which affect the security and honor
of the whole Order. The remedy should never be
applied to transgressions of a subordinate nature,
which neither deserve nor require its application.

* Const. G. L. of New York, § 47.

f " immedicabile vulnus

Ense reddendum ; ne pars sincera traliatnr."— Ovid. Mel. I.. 190

EXPULSION.

537

As this is a penalty which affects the general re-
lations of the offender to the whole body of the
craft, and cancels his connection with the Order, it
would seen reasonable that it should be inflicted
only by the supreme authority, and not by a sub-
ordinate Lodge. Hence, the modern Constitutions
of English Masonry declare, that "in the Grand
Lodge alone resides the • power of erasing Lodges,
and expelling brethren from the craft; a power
which it ought not to delegate to any subordinate
authority in England."*

In this country the same theory has always existed
and, hence, the Grand Lodges have constantly exer-
cised the prerogative of restoring expelled Masons
to the privileges of the Order, but practically, the
power of expelling has been vested in the subordi-
nate Lodges. And yet, as I have just observed, the
English theory is still retained. The subordinate
Lodge tries the accused, and if he is found guilty,
pronounces the sentence of expulsion; but this ac-
tion of the Lodge must be submitted to the Grand
Lodge, whose tacit confirmation is given, if there
be no appeal; but if there be one, the Grand Lodge
will then exercise its prerogative, and review the
case, confirming or reversing the sentence of expul
sion, as it may deem most proper.

In America, where nearly all the Grand Lodges
meet only annually, and where the jurisdiction is
often extended over a vast surface of territory, it
does seem expedient that the power of conditional

* Const G. L. of Eng., ^47, p. 23.
23*

538

EXPULSION.

expulsion should be vested in subordinate Lodges,
but this power can only be a delegated one, for the
prerogative of expulsion from the craft was always
an inherent one, vested, by the very nature of the
institution, the rights of the members, and the na-
ture of the punishment, in the General Assembly.
The very fact, as I have elsewhere said,* that ex-
pulsion is a penalty, affecting the general relations
of the punished party with the whole fraternity,
proves that its unconditional and final exercise never
could, with propriety or justice, be entrusted to a
body so circumscribed in its authority as a subordi-
nate Lodge.

The principle of the law on this subject, appears
then to be, in this country, that a subordinate Lodge
may try a delinquent and pronounce the sentence of
expulsion, but that that sentence must be confirmed
by the Grand Lodge, to make it final. This confir-
mation is generally given by a silent reception of
the report of the Lodge; but it is always competent
for a Grand Lodge, with, or without an appeal from
the punished party, to review the transaction, and
wholly or in part to reverse the sentence. But, by the
usages of the Order, the sentence of the Lodge will
stand until the Grand Lodge has given its decision.

An important question remains to be discussed,
which refers not only to the penalty of expulsion,
but also to that of suspension. Does suspension or
expulsion from a Chapter of Royal Arch Masons
a Council of Royal and Select Masters, or an En-

lexicon of Freemasonry, Art. Expulsion.

EXPULSION.

539

campment of Knights Templar, carry with it, as a
necessary consequence, suspension or expulsion from
symbolic Masonry? To this question, reason and
the general usages of the Order lead me, unhesi-
tatingly to reply, that it does not. The converse
of the proposition is however true, and suspension
or expulsion from a symbolic Lodge is necessarily
suspension or expulsion from all the higher bodies.

The principle upon which this doctrine is based
is a very plain one. If the axe be applied to the
trunk of the tree, the branches which spring out of
it, and derive their subsistence through it, must die.
If the foundation be removed, the edifice must fall.
But a branch may be lopped off and the trunk will
etilP live ; the cape-stone may be taken away, but
the foundation will remain intact. So, Symbolic
Masonry — the Masonry of the Lodge — is the trunk
of the- tree — the foundation of the whole Masonic
edifice. The Masonry of the Chapter or the Coun-
cil is but the branch which springs forth from the
tree, and receives all its nourishment from it. It is
the cape-stone which finishes and ornaments the build-,
ing that rests upon Symbolic Masonry. Hence there
is an evident dependence of the higher on the lower
degrees, while the latter are wholly independent of,
and may exist without the former.

Again, from the very organization of the two
institutions, a Chapter is not recognizable as a Ma-
sonic body, by a symbolic Lodge. A Master Mason
knows technically, nothing of a Royal Arch Mason.
In the language of the Order, "he may hear him s<"

EXPULSION.

to he, but he does not know him so to be/7 by any
of the modes of recognition used in Masonry. " Wc
cannot conceive," say the Committee of Correspond
ence of the Grand Lodge of Texas " by what sort
of legerdemain a Lodge can take cognizance of the
transactions of a Chapter, an entirely independent
body/7* But Chapters, on the other hand, are neces-
sarily cognizant of the existence and the proceedings
of Lodges, for it is out of the Lodges that the Chap-
ters are constructed. And, if a Master Mason were
expelled from the rights and privileges of Masonry,
and if this expulsion were not to be followed by a
similar expulsion frcm the Chapter, then all Master
Masons who should meet the expelled Mason in the
latter body, would be violating the law by holding
Masonic communication with him.

Lastly, under the present organization of Masonry,
Grand Lodges are the supreme Masonic tribunals
over all Master Masons, but exercise no jurisdiction
over Chapters, Councils or Encampments. If, there-
fore, expulsion from either of these bodies involved
expulsion from the Lodge, then the right of the
Grand Lodge to hear and determine causes, and to
regulate the internal concerns of the institution
would be interfered with, by an authority outside
of its organization, and beyond its control.

The law may, therefore, be explicitly stated in

* Proc. G. L. of Texas, 1854, vol. ii. p. 47.—-" How can a Lodge or any
member of it legally know what has been done in a Chapter ?" . . . "A mem-
ber of a Lodge has no right to know on what charges a Royal Arch Mason
has been tried. Finally, how can a Master Masnn only know a Royal Arch
Mason, as such, at all?1'' — Ibid.

EXPULSION.

541

these terms : suspension or expulsion from a Chap-
ter, Council, or Encampment, does not involve a
similar sentence from a svmbolic Lodge. But sus-
pension or expulsion from a Lodge, carries with it,
ex necessitate, suspension or expulsion from every
higher degree.

CHAPTER III.

Restoration*

Having, m the two preceding chapters, treated
oJ Masonic crimes, and of the punishments which
are imposed upon the perpetrators, we are next to
inquire into the method by which a mason senten-
ced to any punishment, which temporarily or per-
manently severs his connection with the Order, may
be reinstated into any or all of his former rights
and privileges.

Restoration, as the reinstatement of an excluded,
suspended or expelled Mason to his rank in the
Order, is techinally called, may be the result of
either one of two entirely distinct processes. It
may be by an act of clemency on the part of the
Lodge, or the Grand Lodge, consequent upon, and
induced by the repentance and reformation of the
guilty individual. Or it may be by a reversal of
the sentence of the Lodge, by the Grand Lodge, on
account of illegality in the4rial or injustice in the
verdict.

Restoration by the first method, which is ex gratia,
or, as a favor, is to be granted on petition, while
restoration by the second method, which is e dehito

RESTORATION.

545

Justitice, or as a debt of justice, is to be granted on
appeal. The two methods may, therefore, be briefly
distinguished as restoration on petition and restora-
tion on appeal.

In the consideration of this subject, each of these
methods of restoration will require to be occasion-
ally borne in mind.

In the case of permanent exclusion, or erasure
from the roll of the Lodge, the party is placed in a
peculiar position. He is no longer a member of
the Lodge, and, unless, on an appeal, he can prove
that he has been unjustly or unconstitutionally
stricken from the roll, he can be restored only upon
petition, and a unanimous acceptance, as in the
case of any other Mason applying for membership.
Membership having been justly forfeited, can only
be recovered under the Regulations of 1721, which
require one month's notice and unanimous consent.

Hence, when a member's name is stricken from
the roll, for non-payment of arrears, he cannot, by
the mere payment of the indebtedness, recover his
membership. He acquires, by this payment, a right
to a clearance and demit, but not to restored mem-
bership; for the exclusion was not a conditional one,
dependent on such payment for its termination, but
peremptory and unconditional. He was stricken
from the roll, and by that act ceased at once and
for ever to be a member of the lodge, as much so as
if he had demitted.

In, the case of definite suspension, as I have
already remarked, the termination of the period

544

RESTORATION.

specified in the sentence is a termination, ipso facto,
of the suspension, and restoration takes place with-
out any further act on the part of the Lodge.
Restoration, on petition or appeal, may take place
at any time, by a vote of two-thirds of the mem-
bers, and after due notice given of the intention to
restore.

Restoration, from definite suspension, may also
be made by the Grand Lodge, on appeal, where the
act of the subordinate Lodge is reversed on account
of illegality, or wrongful judgment ; and such resto-
ration, of course, annuls the suspension, and restores
the party to his former position in the Lodge.

Restoration, from indefinite suspension, may also
take place in the same way, either on petition or
appeal. But, in this case, due notice is not abso-
lutely required of an intention to move for a resto-
ration, although, as I have already said, courtesy
should induce the mover to give notice. Of course,
no restoration, either from definite or indefinite
suspension, upon petition or appeal, can take place,
except at a regular meeting; for, as the sentence
must have been decreed at such meeting, the Masonic
rule forbids a special meeting to reverse the pro-
ceedings of a regular one.

Restoration from expulsion differs from restora-
tion in the other cases, in several important par-
ticulars, which, as the subject is now exciting much
discussion among the Grand Lodges of this country,
require a careful consideration.

Tn the first place it must be borne in mind, that

RESTORATION.

545

expulsion completely severs the connection of the
expelled individual with the fraternity In the lan-
guage of Dr. Oliver, " his Masonic status vanishes,
and he disappears from the scene of Masonry, as
completely as the ripple of the sea subsides after
the stately ship has passed over it." * This condi-
tion must be constantly remembered, because it has
an important influence on the effects of restoration.

On an application for restoration by petition, as
a favor, on the showing that the party has repented
and reformed, that he has abandoned the criminal
course of conduct for which he was expelled, and
is now leading an irreproachable life, the Grand
Lodge may ex gratia, in the exercise of its clemency,
extend a pardon and remit the penalty, so far as it
refers to expulsion from the Order. But in this
case, as there is no question of the original justice
of the sentence nor of the legality of the trial, the
pardon of the Grand Lodge will not and cannot
restore the brother to membership in the Lodge.
And the reason of this is plain. The act of the
Lodge is admitted to have been legal. Now, while
this act dissevered his connection with the Order,
it also cancelled his membership in the Lodge. He
is no longer a member either of the Order or of the
Lodge. The Grand Lodge may restore him to the
former, it may restore him to his rights as a Mason,

* Institutes of Masonic Jurisprudence, p. 258: Lcadon, 1859. Of this
work, which has jast been issued by Bro, Spencer, I regret that I have re-
ceived from the publisher a copy, only while composing these last chapters.
Could I have had earlier access to it, it would have afforded mo much vali*
aMe information on tho subject of English Masonic law*

516

RESTORATION.

but it must be as an unaffiliated one, because, hav
ing by this very act of clemency, admitted that he
legally and constitutionally lost his membership, it
cannot compel the Lodge to admit him again, con-
trary to its wishes, into membership, for no man can
be admitted a member of a Lodge, without the
unanimous consent of all present. Nor can the
Grand Lodge interfere with this inherent right of
every Lodge to select its 'own members. Let it be
thoroughly understood that the incompetence of the
Grand Lodge, in this case, to restore to member-
ship, is fo inded on the admission that the original
sentence was a just one, the trial legally conducted,
the testiuony sufficient and the punishment not
oppressive. The Grand Lodge says, in an instance
like this, to the petitioner, " We are induced b}
your present reform to pardon your past conduct
and to restore you once more to the Order; but, a^
you were ju?tly expelled from your Lodge, and are
no longer a member, we have no power to force you
upon it. We give you, however, by a restoration
to your Masonic status, the privilege that all other
unaffiliated Masons possess, of applying to it by peti-
tion for admission, with the understanding that you
must, as in all such cases^ submit to the ordeal of a
ballot, but with the result of that ballot we cannot
interfere."

But, in the case of a restoration by appeal, a dif-
ferent condition of things ensues. Here there is no
petition for pardon of an offence committed — no
admission of the legality of trial — no acknowledjr

RESTORATION.

547

ment of the justice of the sentence inflicted. But,
on the contrary, all of these are in the very terms
of the appeal denied. The claim is not for clemency,
but for justice — not for a remission of deserved pun-
ishment, but for a reversal of an iniquitous sentence*
and the demand is. that this reversal shall not be de-
creed ex gratia, as a favor, but debito j-ustitice, by
virtue of a claim justly established. Now, in this
case it is evident that the rules governing the resto-
ration must entirely differ from those which con-
trolled the former class of cases.

The principle which I lay down on this subject is,
that when a Lodge has wrongfully deprived a Ma-
son of his membership, by expulsion from the Order,
the Grand Lodge, on his appeal, if it shall find that
the party is innocent, that wrong has been inflicted,
that by the sentence the laws of the. institution, as
well as the rights of the individual, have been vio-
lated, may, on his appeal, interpose and redress the
wrong, not only by restoring him to his rights and
privileges as a Mason, but also to membership in the
Lodge. This, it seems to me, is the true principle,
not only of Masonic law, but also of equity. If a
brother be innocent, he must be restored to every-
thing oi whie'i an unjust sentence had deprived him —
to membership in his Lodge, as well as to the gene-
ral rights of Masonry. I think that I was the first
to contend for this principle as a doctrine of Ma-
sonic law, although it had always been recognized
by the Grand Lodge of England, and in this country
by that of South Carolina. At first there was a

518

RESTORATION".

rery general opposition to the doctrine, and th*
grounds of objection were singularly based on a
total misapprehension of that article in the Regula-
tions of 1721, which declares that " no one can be
admitted a member of any particular Lodge without
the unanimous consent of all the members of that
Lodge then present" — a provision which the same
article asserts to be " an inherent privilege,not sub-
ject to dispensation."

I have said that the application of this regulation
to the doctrine of restoration from expulsion, by ap-
peal, is a total misapprehension of its meaning, be-
cause the question is not, in these cases, as to the
admission of a new member, with which it is not
denied that the Grand Lodge cannot interfere, but
whether one who is already a member shall be di-
vested of his franchised rights of membership with-
out cause.

It is admitted on all sides that where the restora-
tion is made on petition, simply as an act of cle-
mency, in which case the forfeiture of membership
is acknowledged to have been justly and legally in-
curred, the Grand Lodge cannot restore to member-
ship, because by its act of clemency it admits that
the brother is not a member of the Lodge, and it
cannot intrude him on the Lodge without its con-
sent. I say that it admits this by its act of cle-
mency, because if he were not justly deprived of his
membership, there would have been no room for
clemency. Pardon is. for the guilty, not for the
innocent.

RESTORATION. 549

But when it is proved that the trial was illegally
conducted — that the testimony was insufficient —
that the offence was not proved — that the brother
was innocent, and therefore unjustly condemned —
who will dare to say that a Lodge may thus, by an
arbitrary exercise of power, inflict this grievous
wrong on a brother, and that the Grand Lodge has
not the prerogative, as the supreme protector of
the rights of the whole fraternity, to interpose its
superior power, and give back to injured innocence
all that iniquity or injustice would have deprived it
of ? Who will dare to say, in the face of the great
principles of justice and equity, that though inno-
cent, a Mason shall receive but a portion of the re-
dress to which he is entitled? — and that he shall
be /sent from the interposing shield of the supreme
authority and highest court of justice of the Order,
not protected in his innocence and restored to his
rights, but as an innocent man, sharing in the
punishment which should only be awarded to the
guilty? I, for one, never have subscribed, and
ne\er will subscribe, to a doctrine so full of arbi-
trary oppression and injustice, and which, if it
really constituted Masonic law, would be to every
honest man the crying reproach of the institution.

I have said that when, several years ago, I first
advanced this doctrine of the competency of the
* Grand Lodge to grant an unconditional restoration
to membership, it met with very general condemna-
tion. Here and there a solitary voice was heard
in its defence, but officially it was almost univer-

550

RESTORATION.

sally condemned as an infringement on the rights
of Lodges. The rights of members do not seem, on
those occasions,, to have been at all considered.*

But the doctrine is now gaining ground. In
1857, the Grand Lodge of Missouri carried it into
practical operation, and ordered that one of its

* The first support that was given to these views was by my distinguished
friend, Albert Pike, whose remarks on the question, in his report in 1854,
to the Grand Lodge of Arkansas, I cannot refrain from citing in a note.

" If, in case of trial and conviction, suspension or expulsion from tho
rights and benefits of Masonry is adjudged, that includes, as a part of itself,
suspension or expulsion from membership. If, on appeal, the Grand Lodge
reverses the decision of the subordinate, on the ground of error in proceeding;
or innocence, that reversal annuls the judgment, and it is as if never pro-
nounced— non avenu: consequently it has no effect whatever — and, in
Masonic law, the matter stands as if no such judgment had ever been ren-
dered. The accused is not restored to the Order, nor to membership. The
eflect of reversal is, that he was never suspended or expelled at all, in law :
and there is no power in the Grand Lodge, either bythe judgment or by
previous legislation, to give such judgment of reversal any other or less
effect.

" If the Grand Lodge tries the case de novo, and adjudges the party inno-
cent, of course it must annul the judgment of the subordinate Lodge in loto ;
and if the suspension from membership resulted solely from that judgment
there never was, in law, any suspension.

" If it merely decides that the proceedings were erroneous, it should send
the case back for another trial ; if it decides that the testimony was insuf-
ficient to establish guilt, it should reverse and annul, and direct the proceed-
ings to be dismissed. In either case the judgment is annulled ; but in one
case the proceeding continues, and in the other it does not.

" But the Grand Lodge may find such a case as that the offence was pro-
ven, and the proceedings were regular, except as to the judgment, which
should have been limited to suspension from membership. In that case it
may partially reverse and reduce the sentence to its proper dimensions. It
can only do that when the offence charged, or a minor one included in it, is
established, but the punishment of suspension or expulsion from the rights
and privileges of Masonry cannot be inflicted for such an offence.

" These principles of Masonic law seem to us so palpably plain and cor-
rect as to need no argument ; and if violated anywhere, we hope to sec the
ancient Landmarks set up again in this respect."

RESTORATION.

551

Lodges should restore an expelled brother to mem-
bership, under penalty of arrest of charter.

In the same year, the doctrine was virtually in-
dorsed by the Grand Lodge of Kentucky, in its ap-
probation of the course of its Grand Master, in
deciding that a brother who appealed from expul-
sion, and after a new trial, had been acquitted,
should be restored to membership, notwithstanding
the opposition of the Lodge to his re-admission.

And lastly, in 1858, the Grand Lodge of Missis-
sippi has entered into the earnest consideration of
the question ; and an able report has been made to
that body by Bro. G. M. Hillyer, one of the most
enlightened Masons in America, who has eloquently
and manfully supported the hitherto unpopular doc-
trine for which I have been so long contending.
From this eloquent, as well as logical report, I shall
cite a single paragraph, with which to conclude the
subject.

Speaking of the appeal made by a brother expel-
led from the rights and privileges of Masonry, and
concomitantly from membership in his Lodge, Bro.
Hillyer says : " The Grand Lodge perhaps acquits
him, and then it is, under the present system, that
his punishment commences. Whatever the final
verdict and decision, the accused brother has to
undergo a penalty. If innocent, the smiting is not
to be with as many stripes, it is true ; but why with •
any ? What punishment has an innocent man de-
served ? If he is in the right, and his accusers have
been in the wrong, what justice is there in saying

552

RESTORATION.

that lie shall only be deprived of half his privileges ?
Why deprive him of any in that case ? Why punish
the innocent? Why, above all, have a law that
makes the very tribunal that vindicates the inno-
cence of the accused, accompany that vindication
with punishment? There is no justice, there can be
no expediency in such a course."*

The time will yet come, 1 am sure, and the expec-
tation is made more certain by such aid, when the
universal suffrage of the fraternity will confess the
law to be as I have announced it, that in case of
unjust expulsion, the Grand Lodge may restore an
innocent brother, not only to the rights and privi-
leges of Masonry, but also to membership in his
Lodge.

Lastly, a Grand Lodge may restore in part, and
not in whole. It may mitigate the amount of pun-
ishment, as being too severe or disproportioned to
the offence. t It may reduce expulsion to suspen-
sion, and indefinite to definite suspension, or it may
abridge the period of the last. But all these are
matters of justice and expediency, to be judged of
by the Grand Lodge, according to the particular
circumstances of each case.

* Troc. G. L. of Miss., 1858, p. 69.

f NoxicR poena par esto—" let the punishment be equal to the offence,"
Is a maxim of strict justice, common to the Masonic, as well as to every code
cf law ; and hence an oppressive and disproportioned penalty affords good
ground for an appoaL

CHAPTER TV.
$}enal Jur tstrtcttotu

The penal jurisdiction of Masonic bodies is that
jurisdiction which is exercibod by them for the in
vestigation of offences and the award of punish-
ment. The subject is properly divided into two
sections — the one relating to the penal jurisdiction
of Grand Lodges, the other to that of Subordinate
Lodges. The penal jurisdiction of Grand Lodges
has already beei» fully considered under the head
of the "Judicial Powers" of those bodies, so that it
only remains here to inquire into the penal jurisdic-
tion which is exercised by subordinate Lodges.

The penal jurisdiction of a subordinate Lodge is
both geographical and personal.

The geographical jurisdiction of a Lodge is that
penal jurisdiction which it exercises over the terri-
tory within which it is situated, and extends to all
the Masons, affiliated and unaffiliated, who live
within that territory.

As to the local extent of this jurisdiction, it is
universally supposed to extend to a point equally
distant from the adjacent Lodge. Thus, if two
Lodges are situated within twenty miles of each

554

PENAL JUBISBICTION.

other, the geographical jurisdiction of each will ex-
tend ten miles from its seat in the direction of the
other Lodge. But in this case both Lodges must be
situated in the same State, and hold their warrants
from the same Grand Lodge; for it is a settled
point of Masonic law that no Lodge can extend
its geographical jurisdiction beyond the territorial
limits of its own Grand Lodge.

Thus, if of two Lodges, twenty mile3 distant from
each other, one is situated in Georgia, five miles
from the boundary line between that State and
Alabama, and the other in Alabama, fifteen miles
from the same line, then the jurisdiction of the
Georgia Lodge will not cross over the boundary,
but will be restricted to the five miles which are
between it and the line, while the fifteen miles which
are between that line and the Alabama Lodge, will
be within the penal jurisdiction of the latter body.

The personal jurisdiction of a Lodge is that penal
jurisdiction which it exercises over its own mem-
bers, wherever they may be situated. No matter
how far a Mason may remove from the Lodge of
which he is a member, his allegiance to that Lodge
is indefeasible, so long as he continues a member,
and it may exercise penal jurisdiction over him.

With this view of the nature of the two kinds ef
penal jurisdiction exercised by Lodges, we are pre-
pared to investigate the practical application of the
subject.

1. A Lodge exercises penal jurisdiction over ail
its members. The old Charges require every Masos

PENAL JURISDICTION.

555

to "stand to the award and determination of the
Lodge f that is to say, the Lodge of which he is a
member, and the rights and privileges, as well as the
Masonic protection secured by such membership,
carry with them a corresponding duty of allegiance
and- obedience. This doctrine is not left to mere
* deduction, but is supported by the ritual law, which
imposes on every Mason, in the most solemn man-
ner, an obligation to abide by and obey the by-laws,
rules and regulations of the Lodge, of which he is a
member. Membership in a Lodge can only be
voided by death, demission, or expulsion, and hence
neither it nor the jurisdiction which it communi-
cates is lost by a change of residence.

The Master of a Lodge is the only one of its
members who is not amenable to the jurisdiction of
the Lodge. There is no principle of Masonic law
more completely settled by the almost universal con-
sent of the fraternity, than that which declares that
a Master cannot be tried by his Lodge. It may be-
come his accuser, but to the Grand Lodge alone is
he amenable for any offence that he may commit
while in office.

In like manner, the Grand Master, while holding
that office, is not within the penal jurisdiction of
the Lodge, of which he is a member.

2. A Lodge exercises penal jurisdiction over all
affiliated Masons, although not its members, who
live within its territorial limits. A, for instance,
being a member of a Lodge in New York, but living
in the vicinity of a Lodge in Florida, is amenable

556

PENAL JURISDICTION.

to the jurisdiction of both bodies ; to the former
by personal jurisdiction, to the latter by geographi-
cal. And this is a wise provision of the law ; for
A, linng at a great distance from his own Lodge,
might conduct himself in so disorderly a manner,
violating the proprieties of life, and transgressing
habitually the moral law, as to bring great reproach *
upon the institution of which he.is a member. Now,,
his distance from his own Lodge would, in all
probability, prevent that body from acquiring
any knowledge of the evil course he is pursuing,
or if cognizant of it by report, it might find great
difficulty in proving any charge based upon such
report.

The Order, therefore, under the great law o ' self
preservation, commits to the Lodge in Florida, in
whose vicinity he is living, and whose good fame is
most affected by his conduct, the prerogative of
trying and punishing him ; so that the world shall
not say that a bad Mason can lead a disorderly life,
and violate the law, under the very eyes of his con-
gregated brethren, and yet receive no reproof for
his criminality. And if expulsion is the result of
such trial, that expulsion, by the Lodge in Florida,
carries with it expulsion from his own Lodge in
New York ; for, if the premises are not denied that
the Lodge in Florida can rightfully exercise penal
jurisdiction, then the conclusion followSj that that
expulsion must be legal. But expulsion annuls all
Masonic status and obliterates Masonic existence,
and the Mason, whoever he may be, that has been

PENAL JURISDICTION.

557

legally expelled by one Lodge, can never receive
admission into another.

The appeal in such a case will be, not to the
Grand Lodge of New York, but to that of Florida,
for that body alone can investigate matters or re-
dress grievances arising within its own territory,
and in one of its own subordinates.

3. Lastly, a Lodge may exercise penal jurisdic-
tion over all unaffiliated Masons living within its
territorial limits. This provision of Masonic law is
founded on the same prudent principle of self-pre-
servation as the former. An unaffiliated Mason
must not be permitted, for want of jurisdiction over
him, to clo m his connection with the Order, and
yet, by an irregular course of life, to bring discredit
on it. The jurisdiction must exist somewhere,
which will remove such an evil, and vindicate the
institution ; and nowhere can it be more safely or
appropriately deposited than in the Lodge which is
nearest to his residence, and which must conse-
quently have the best opportunity of observing and
judging of his conduct.

CHAPTER Y.

P3L a s o n t c 6 r f a t s •

It is tl.e duty of a judge, says the great Roman
orator, in every cause to seek for truth.* This is
the great, the only object of a Masonic trial, and
hence, in such a trial, no advantage is ever permitted
to be taken of those legal and verbal technicalities,
the use of which, in profane courts, so often enable
the guilty to escape. This great principle of Ma-
sonic law must never be forgotten in the manage-
ment of a trial. Every part of the investigation is
to be directed with a single view to the acquisition
of truth. Masonic trials are therefore to be con-
ducted in the simplest and least technical method,
that will preserve at once the rights of the Order
and of the accused, and which will enable the Lodge
to obtain a thorough knowledge of all the facts
in the case. The rules by which such trials are
governed are few and easily understood.

1. The preliminary step in every trial is the ac-
cusation. This, in Masonic language, is called tha
charge.

* " Judicis est, semper in causis verum sequi.*' — Cic. de Off. ii. 14.

MASONIC TRIALS.

559

The charge should always be made in writing,
signed by the accuser, delivered to the Secretary
and read by that officer at the next regular com-
munication of the Lodge. The accused should then
be furnished with an attested copy of the charge,
and be at the same time informed of the time and
place appointed by the Lodge for the trial.

In reference to these preliminary steps, it is neces-
sary to make several remarks. .

The charge should set forth the offence with
clearness and certainty, and hence it must distinctly
specify the nature of the offence ; and if confined to
a single transaction, the time and place of its com
mission should be named. A general charge, for
instance, of " unmasonic conduct" should also specify
the particular nature of the conduct which is said to
be unmasonic ; for no one can be expected to
answer to so general an accusation, nor to be pre-
pared with evidence to rebut that of which he is
ignorant. No man, in a legal investigation, should
be taken by surprise ; but there is no more certain
mode of doing so than to call upon him to answer
to an indefinite charge, the particulars of which are
only to be made, known at the moment of trial.

The charge should be delivered to the Secretary,
and by him read to the Lodge, because it thus be-
comes the property of the Lodge, and is not sub-
jected, as it would be, if retained in the possession
of the accuser, to alterations or amendments, which
would alter its character, either in word or spirit,
A. charge having been once made, should retain its

560

MASONIC TRIALS.

original form, and cannot be amended, except with
the consent of the Lodge and the knowledge of the
accused. For a similar reason the charge should
always be made in writing. An oral charge must
never be received.

It must be read at a regular communication, be-
cause it is to be presumed that at such communica-
tions all the members, and among them the accused,
will be present, whereas the Lodge might be taken
by surprise if a charge were preferred at a special
communication, which is often thinly attended, and
at which no new business of importance is expected
to be transacted.

Any Master Mason maybe the accuser of another,
but a profane cannot be permitted to prefer charges
against a Mason. Yet, if circumstances are known
to a profane upon which charges ought to be predi-
cated, a Master Mason may avail himself of that in-
formation, and out of it frame an accusation, to be
presented to the Lodge. And such accusation will
be received and investigated, although remotely de-
rived from one who is not a member of the Order.

It is not necessary that the accuser should be a
member of the same Lodge. It is sufficient if he ie
an affiliated Mason. I say an affiliated Mason ; for
it is generally held, and I believe correctly, that an
unaffiliated Mason is no more competent to prefer
charges than a profane.

2. If the accused is living beyond the geographi-
cal jurisdiction of the Lodge, the charges should be
communicated to him by means of a letter through

MACONIC TRIALS.

5G1

the post-office, and a reasonable time should be
allowed for his answer, before the Lodge proceeds
to trial. But if his residence be unknown, or if it
be impossible to hold communication with him, the
Lodge may then proceed to trial — care being had
that no undue advantage be taken of his absence,
and that the investigation be as full and impartial
as the nature of the circumstances will permit.

3. The trial must commence at a regular com-
munication, for reasons which have already been
stated ; but having commenced, it may be continued
at special communications, called for that purpose ;
for, if it was allowed only to be continued at regu-
lar meetings, which take place but once a month,
the long duration of time o:cupied would materially
tend to defeat the ends of justice. And here no
one can complain of surprise : for the inception of
the trial having taken place at a regular communica-
tion, all the subsequent special communications would
be considered only as continuations of the same
meeting.

4. The Lodge must be opened in the highest de-
gree to which the accuser has attained, and the ex-
aminations of all witnesses must take place in the
presence of the accused and the accuser, if they de-
sire it.* It is competent for the accused to employ
counsel for the better protection of his interests,

* The Grand Lodge of New York prescribes that the trial shall be con-
ducted by a committee, called a commission. A few other Grand Lodges
have. I believe, the same rule. It is of course competent for a Grand Lod&e
to make such a regulation, but I am of opinion that it is a better crurse foi
the Lodge itself to conduct the trial, and this is the more usual course.

9,4*

562

AIASONTC TRIALS.

provided such counsel is a Master Mason. But if
the counsel be a member of the Lodge, he forfeits,
by his professional advocacy of the accused, the
right to vote at the final decision of the question.

5. The final decision oCthe cliarge, and the rend-
ering of the verdict, whatever be the rank of the
accused, must always be made in a Lodge opened on
the third degree ; and at the time of such decision,
both the accuser and the accused, as well as his
counsel, if he have any, should withdraw from the
Lodge.

6. It is a general and an excellent rule, that no
visitors shall be permitted to be present during a
trial.

7. The testimony of Master Masons is usually
taken on their honor, as such. That of others
should be by affidavit, or in such other manner as
both the accuser and accused may agree upon.

8. The testimony of profanes, or of those who are
of a lower degree than the accused, is to be taken by
a committee and reported to the Lodge, or, if con-
venient, by the whole Lodge, when closed and sit-
ting as a committee. But both the accused and
the' accuser have a right to be present on such
occasions.

There can be no doubt that profanes are compe-
tent witnesses in Masonic trials. If their testimony
was rejected, the ends of justice would, in many in-
stances, be defeated ; for it frequently happens that
the most important evidence of a fact is only to be
obtained from such persons. The great object of

MASONIC TRIALS.

563

the trial is to investigate the truth and to adminis-
ter justice, and no method should be rejected by
which those objects can be attained. Again : there
may be cases in which the accused is able to prove
his innocence only by the testimony of profanes ;
and surely no one would be willing to deprive him
of that means of defence. But if the evidence of
profanes for the accused is to be admitted, on ac-
count of its importance and necessity, by a parity
of reasoning, it should be admitted when and in be-
half of the accuser. The testimony which is good
in one case must be good in the other.

9. When the trial is concluded, the accuser and
the accused must retire, and the Master will then
put the question of guilty, or not guilty, to the
Lodge. Masonic authorities differ as to the mode
in which the vote is to be taken. In England, it is
done by a show of hands. The Grand Lodges of
Ohio and South Carolina require it to be by ballot,
and that of California by each brother, as his name
is called,, rising and giving his answer " in a distinct
and audible manner." I confess, that in this di*
versity of authorities, I am inclined to be in favor
of the v ote by ballot, as the independence of opinion
is thus Letter secured ; for many a man who con-
scientiously believed in the guilt of the accused,
might bo too timid to express that opinion openly.
Not lesft, I think, than two-thirds of the votes should
be required to declare the accused guilty. A bare
majority is hardly sufficient to divest a brother of
his good character, and render him subject to what

564

MASONIC TRIALS.

may perhaps be an ignominious punishment. Bui
on this subject the authorities differ.

10. If the verdict is guilty, the Master must then
put the question as to the nature and extent of the
punishment to be inflicted, beginning with expulsion
and proceeding, if necessary, to indefinite suspen-
sion and public and private reprimand. To inflict
expulsion or suspension, a vote of two- thirds of
those present is required, but for a mere reprimand,
a majority will be sufficient. The votes on the
nature of the punishment should be viva voce, or
rather, according to Masonic usage, by a show of
hands.

Trials in a Grand Lodge are to be conducted on
the same general principles ; but here, in conse-
quence of the largeness of the body, and the incon
venience which would result from holding the
examinations in open Lodge, and in the presence of
all the members, it is more usual to appoint a com-
mittee, before whom the case is tried, and upon
whose full report of the testimony the Grand Lodge
bases its action. And the forms of trial in such
committees must conform, in all respects, to the
general usage already detailed.

INDEX.

.Advancement <x Candidates ... . \cs

Affiliation, Right of

Appeal from the Lodge .... .

" Master 233

M Right of - . 26. 2:M

Balloting for Candidates .... . 134

" .Advancement - K',7

" Membership . " . . . ];»7

Book of Law indispensable in a Lodge .... - 33

Burial, Right of - 24*,?

By-laws of Lodge* 327

Candidates, Law relating to ... 81

Qualifications of 31,83

Censure - 510

Change, none allowed in Landmark .... 3$

Chaplain, Grand 479

Charges, Ancient, Installation 4?

" Ancient, at Makings 50

" approved, in 1722 - ... - 51

Committees for Business 401

" on Character ... • • 131

Congregating Masons in Lodges - • 25

Consecration of lodges « ... . 28?

Constitution of lodges - • ... 2!<3

Constitutions of York • • • '42

of Edward III - 47

Crimes, Masonic ... - - 4915

5G6

INDEX.

Deacons of a Lodge • S8-

f Grand -

Dedication of Lodges 291

Degrees, Division into • U

Demission Right erf' - 23:

Deputy Grand Master - -46!

Dispensations - • ... . 2

. District Deputy Grand Master ... . 46!
Dues, Payment of .... i<j*

Elections ....... ... 402

Eligibility for Office ...... ...... i<)3

Entered Apprentices * • - -157

Equality of Masons 04

Eunuchs '• • • • • - lib

Examination of Visitors *"*,* ••-•211

Exclusion 327.519

Expulsion • ... 53|

F. •

Fellow Crafts - -* - - • -172

Fines not a Masonic Punishment .... 515
Free-born 121

God, belief in • - 32

orotbic Constitutions .-..42

Government of the Craft - 20

<; of Lodges 20

Grand Lodge, Nature of 407

" " Definition of 420

" " Powers of 42."

" " Legislative Powers of 4'2b

" u Judicial Powers of 435

" " Executive Powers of - 439

" " Officers of - - 445

Srand Master 44G

'* " Prerogatives of 453

INDEX.

567

Ij rand Mastei may convene G rand Lodge - - - 4f»'i
" " may Pre^de over the Craft - - - • 21,454

" his Right of Visitation - • - 455

" " his Right of Appointment 456

" " may cast Two Yotes - - - -> - • - 457

" " may grant Dispensations .... - 457

" " may authorize new Lodges • - - - - - 461

* " may make Masons at sight 4( 2

" " may arrest a Charter - 466

" " no Appeal from his Decision 466

" " who succeeds in his absence 468

Miots cannot be Initiated 117

Illiterate persons should not be Initiated 114

Installation of Officers 294

Interference of one Lodge with am.-tc or • - • -30,149

Junior Deacon - - 386

jnr.br Warden • 370

JurL-diction of a Lodge - 553

" Personal •* * 554

41 Geographical «• 553

Landmarks 15

Lecturer, Grand - 4K0

Authority of - . - - 483

" Qualifications of 483

Legend of Third Degree, a Landmark 19

Lodge, nature of 279

'* under Dispensation, Organization of 2? 1

« " « Rights of 299

-? under Warrant, Organization of 286

f " " Powers of 308

Madmen cannot be Initiated - ... 117

Marshal, Grand .... 48C

ft6S

INDEX.

Master Ma«ou »™'

Mrtbter of a Lodge ^5

• " " who is Eligible 352

" " Qualifications of 3J0

44 " u hy whom succeeded odl

Master, Grand. (See Grand Master.)

Ifo'iiitKjrship, Right of * - ^

* Double 16'

" Honorary

Name of Lodge 322

Notice of Petitions .... 132

Office, how Terminated 311

Officers of a Lodge 337

« . " « elected Annually 339

" " " cannot Resign 341

• " " Installation of 341

Operative Masonry 37

Past Masters 253

" Actual and Virtual 261

Petition of Candidate 122

" " a Second Time 152

" for Membership !*•

Provincial Grand Master 471

Punishments, Masonic 514

Qualifications of Candidates 8-4

" Internal 84

" External If

« Moral H

• « Physical W

" as to Sex IS

** as to Age 97

« as to Bodily conformation 100

« Mental UA

« Political - - • HQ

INDEX.

569

Re<;«^sukiou. modes of, a Landmark - • 17

Regulations of 1063 43

" of 1703 • 62

of 1717 53

" of 1720 54

" of 1721 C?

Rejection of Candidates for Init! ition - - 149

u w " Advancement • - - 167

Relief, Right of - • • 222

Representation in Grand Lodge .-»..._*.. i2U

Reprimand, Private 018

<« Public ol°

Resto»-ation >42

Resurrection, belief in, a Landmark ... • » 3?

Secrecy of the Institution, a Landmaih ...» " 3G

Secretary of a Lodge ....... 33„

Grand - 477

Seii-^r W drdfcii • . • - - »

Sight, Masons made at ii, 462

Slaves cannot be Initiated - IIP

Speculative Masonry 37

Stewards of a Lodge - • - - * ■ • - ' • ■ 389

Grand.- .... - 489

Succession to the Chair ......... 364

Suspension, Definite - 528

Indefinite 532

Sword Bearer. Grand • --488

Taxing power 331

Tiler of a Lodge 3!>t

" Grand 4!)1

Tiling, necessity of, a Landmark 27

Transfer of Petition to another Lodge ... 151

Treasurer of a Lodge 379

Grand - 475

1 rial, form of ... ... 559

INDEX,

Unaffiliated Masons - ■ lift

Right* of • 271

Unwritten Law of Masonry • 13

Visitors to be Examined • .... • 30

Visit, Right of .... 23, 203

" " bow forfeited ... ... 208

Voting, Right of - . - - 103

Vouching, Right of - - - 21C

Wardens of a Lodge - . - . - - 370

" Grand ... <73

Warrant of Constitution - 312

Withdrawal o." Petitions • 13ft

Worshipful M« ^ter .... . . 34.3

Written Law of Masonry • 4C

Vorfr (yonatituuciij »

OF THI

UNIVERSITY

V^SALIFORli^

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Texts

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "A Text Book Of Masonic Jurisprudence - A G Mackey"

See other formats